Indiana Work Injury and Third-Party Liability Claims
Indiana work injuries have been on the decline in recent decades, with roughly 60 percent fewer non-fatal occupational injuries and illnesses reported statewide since 1992. Still, a recent annual report by the Indiana Department of Labor reveals there were still 84,300 reported work injuries in Indiana, with nearly half requiring one or more days away from work or days with job transfer or restriction.
If you are an employee injured at work, your exclusive remedy against your employer is usually workers’ compensation, outlined in IC 22-3-2 through IC 22-2-6, which gives you just 30 days to submit notice to your employer and 2 years in which to formally file a claim for benefits. This assumes, of course, that you are actually an employee and not an independent contractor (a designation on which your employer doesn’t have the last say and which is often legally disputed). It also assumes your injury occurred in the course of and arose out of the scope of your employment. Workers’ compensation is meant to cover all related and reasonable medical expenses, a portion of lost wages, funeral expenses and other benefits, depending on the circumstances. However, securing full benefits to which you are entitled is often a challenge. In some cases, workers may have grounds to pursue a personal injury lawsuit for third-party liability if someone other than an employer or coworker was at-fault. An experienced work injury lawyer in Gary can best help protect your rights following a serious on-the-job injury.
The Indiana Department of Labor reports the most hazardous industries in the state for work injuries include agriculture and forestry, healthcare and social assistance, manufacturing, waste management, transportation and warehousing, arts/recreation/entertainment, accommodation and food service. Continue reading