A local teen was killed in a workplace accident recently when the machine he was cleaning scrap metal out of turned on and came down on him. According to Occupational Safety and Health Administration standards, dangerous machinery is supposed to be turned off during service and maintenance. When employers do not adhere to OSHA standards, tragedies are bound to happen. In another recent fatality, a 60-year-old man died when he fell into a hydraulic press. The accident is currently under investigation. Though for most workplace injuries the injured party does not die, an on-the-job injury can leave you permanently disabled and without the means to support your family.
Hi, my name is Darryl Isaacs. I founded Isaacs & Isaacs personal injury law firm with my father, Sheldon Isaacs. Our goal was to help injured people receive the compensation they need from insurance companies and other liable parties.
I know from personal experience that being injured in an accident is one of the scariest experiences a person can have. I have often wondered how people feel who cannot ever go back to their former occupation after an on-the-job injury. It is so important to receive the compensation you are entitled to under workers’ compensation laws.
Why Would I Need a Lawyer’s Help to File My Claim?
Workers’ Compensation Insurance is supposed to provide a safety net to help workers to have an income if they have been injured on the job, or suffer a work-related illness or medical condition. Even though employers want you to devote your energy to making their company a success, they don’t always want to reward your loyalty and hard work in kind. When you suffer an on-the-job injury, sometimes an employer wants to dispute your claim. This is in order to keep insurance premiums down.
Insurance companies are known to do everything in their power to reduce or deny claims. Indiana workers’ compensation laws are complicated. Winning a workers’ compensation claim is a lot like winning a case in court. You have to provide substantial proof that you were injured and that your injury is job-related. With the insurance company and your employer working against you, and they will have legal representation, your smartest option is to consult an experienced attorney as soon as you are injured. Then if your employer or the insurance people want to ask you questions in order to get you to say something they can use against you, you can direct them to speak to your lawyer.
See a Doctor Right Away, and Follow Your Doctor’s Instructions
With most legal situations, if you cannot prove it, it’s not true. In order to be successful in the workers’ compensation claims process, you must create a paper trail. You have to see a doctor as soon as you are injured or hurt, and you have to follow that doctor’s instructions. If you had a workplace accident, get witnesses’ statements. If your injury was caused by a faulty machine or safety equipment, you really, really need to talk to an attorney who knows how to document the evidence. This is because you may be able to file a third-party lawsuit against the manufacturer of the faulty equipment or machine, in addition to filing a workers’ comp claim.
Common Reasons Why Claims Are Denied
- You did not go to the doctor as soon as the injury occurred
- You did not follow the doctor’s instructions
- Incomplete medical records and documentation
- You did not tell your employer you were injured right away
- Your employer disputes that your injury is job-related
- You missed a deadline for filing
- Incorrect filing of form(s)
- You did not hire an attorney to help you
You do have the right to represent yourself, but it’s not a good idea. Indiana workers’ compensation laws are complicated, and your employer and/or the insurance company may dispute your claim. They will have attorneys to help, and you need a lawyer to level the playing field.
What If My Claim Was Denied?
If your claim has been denied, you probably figured out that nobody wants to give you your money. You will have to fight to receive fair compensation, and the process is even more difficult at the appeal level.
First, you must file an appeal with the Indiana Workers’ Compensation Board. There’s a deadline to do this, and you cannot miss the deadline, or you will be barred from appealing your claim denial. Yes, this is a lot of work. After you file the appeal, you can contact the workers’ comp board ombudsman to arrange an informal mediation with the insurance company. The mediation is not binding. Your next step is a hearing before the workers’ comp board judge.
At the hearing, you will be expected to abide by the rules of court, whether or not you have an attorney. Your employer will probably have legal representation present. Both you and your employer will have the right to present evidence and question witnesses. After the hearing, the judge will notify both you and your employer of the final decision by mail.
It Won’t Cost You Any Money to Enlist Our Help!
Workers’ Compensation Insurance is not easy to get. We realize how unfair it seems that the rules are complicated so that you have to hire a lawyer for help or your claim is likely to be denied. Isaacs & Isaacs workers’ comp lawyers did not make the rules. But we know them inside and out. Our skilled attorneys have decades of experience helping folks get their just compensation after they’ve been injured on the job. We can evaluate your case, review your medical documentation and assess what is the maximum compensation you are entitled to. We know how to gather and document all evidence to build a strong case. We know when it’s appropriate to file a lawsuit against a third party for faulty equipment and other situations.
We will be with you every step of the way. Winning an Indiana workers’ compensation claim is a job in itself. Moreover, it is a job that takes skill and experience. Without having legal help, you may not be up to successfully completing the job. After all, you can’t work, or you wouldn’t need the compensation. And because you can’t work and don’t have the financial help you are entitled to yet, you are probably broke. But that doesn’t matter to us.
At Isaacs & Isaacs we respect working people and will not leave you in a Catch-22 situation where you cannot get your money without an attorney, but you are hurt and cannot work, therefore too broke to hire one. We will represent you on a contingency fee basis, which means you don’t owe us any money until and unless we win your claim.
Isaacs & Isaacs Workers’ Compensation Attorneys Are Here for You Now
We understand you may have a deadline for filing bearing down on you. Our attorneys are on call around-the-clock to be there to help you in a legal emergency. Don’t hesitate, give us a call at 800-800-888, or fill out our online form right now for a free consultation and claim evaluation with one of our experienced and helpful Isaacs & Isaacs workers’ compensation lawyers.