Workers’ Compensation Lawyer in Kokomo, IN
A Kokomo workers’ compensation lawyer can be a valuable ally if you’ve been injured on the job or have developed an occupational illness or disease. Your job is more than a 9-5. A career is part of your personal identity, and it provides valuable income to support yourself and your family. A sudden accident or injury can sever this important lifeline, leaving you wondering how to pay for essentials like food, housing, and healthcare.
Fortunately, employer-sponsored workers’ compensation benefits are available to the vast majority of Indiana’s workforce. Whether you need help navigating the claims process or feel that you aren’t being treated fairly by your employer’s doctors or the state’s workers’ compensation board, an attorney can provide personalized assistance and advice on the best way to proceed. Complete our free case evaluation form to get started.
Workers Have Rights
A skilled workers’ compensation attorney in Kokomo can protect your rights and help you recover all available benefits.
Free Consultations
Consult an attorney for a free case evaluation to ensure that you’re being treated fairly during the claims process. There’s no obligation to you.
No Fees Unless You Win
If you’re out of work, you might be wondering if you can afford an attorney. Fortunately, with a contingency fee structure, you don’t pay any legal fees unless you recover compensation.
Table of Contents
What’s Workers’ Compensation Insurance?
Workers’ compensation is a form of no-fault, employer-sponsored insurance that protects employees in case of an on-the-job accident or work-related illness. In Kokomo and other parts of Indiana, nearly all businesses with at least 1 employee must provide this coverage to part-time, full-time, and temporary or seasonal employees. There are some exceptions for independent contractors, day laborers, household staff, agricultural employees, and railroad workers.
Employers can purchase a policy from a commercial insurance company, or they can opt to self-insure. Initial claims and disputes are handled by the Indiana Workers’ Compensation Board. Once all administrative appeals are exhausted, workers may be able to initiate a lawsuit in court.
What Does Workers’ Compensation Insurance Cover?
If you were injured while performing your normal job responsibilities, you may qualify for workers’ compensation. These benefits cover emergency and ongoing medical care related to your injury. You may also be eligible for physical therapy to help you regain your strength and vocational training if you’re unable to return to your previous position. Additionally, this program provides partial compensation for lost wages while you’re recovering. The following benefits are covered by workers’ compensation insurance in Indiana:
- Medical care
- Physical and occupational therapy
- Medications and durable medical equipment
- Partial compensation for lost wages
- Lump-sum payments for permanent injuries
- Vocational rehabilitation and training
- Death benefits in case of a fatal workplace injury
Types of Workers’ Compensation Benefits in Kokomo, IN
Injured workers may be entitled to several types of workers’ compensation benefits depending on the extent of the injury, the amount of time out of work, and individual factors related to the recovery.
Also known as wage replacement, temporary total disability kicks in on the 8th day after a workplace injury. Benefits are set at 2/3 of your average weekly wage calculated over the past 52 weeks. Payments continue for up to 500 weeks or until you reach maximum medical improvement (MMI), whichever is sooner. If you’re able to return to work part-time or if you choose to take a different position that pays less, you may be entitled to temporary partial disability to offset the difference.
If you’ve reached MMI and are able to return to work but still have a permanent impairment, you may be entitled to a lump-sum PPI payment. Payments are based on your level of impairment and the degree of the affected body part, which goes up to 100 for full-body impairment.
For example, if your thumb is amputated in a workplace accident, it’s valued at 12 degrees. However, if you’re given a 50% impairment rating for your thumb, you’ll only be compensated for 6 degrees. Calculations are complex, and doctors may undervalue your impairments, which is why it’s important to consult a Kokomo workers’ compensation attorney if you feel that you aren’t being treated fairly.
Compensation is determined based on each degree of impairment, with higher tiers available for those with greater disabilities. For injuries occurring between July 1, 2026, and June 30, 2027, lump-sum payments are calculated as follows:
- 1-10%: $1,970 per percent
- 11-35%: $2,197 per percent
- 36-50%: $3,585 per percent
- 51-100%: $4,569 per percent
If you’re unable to return to work indefinitely, you may be eligible for PTD benefits. As with TTD, benefits are set at 2/3 of your average weekly wage over the past 52 weeks. These benefits are typically reserved for individuals with lifelong impairments, such as paralysis, limb loss, or traumatic brain injuries. PTD is available for up to 500 weeks or life.
Common Workplace Injuries
Whether you work in an office or in a physically demanding profession, such as construction, manufacturing, or health care, debilitating injuries can occur in the course of your job.
Some injuries happen suddenly due to hazards or accidents, while other conditions, such as carpal tunnel syndrome or respiratory issues, develop slowly over many years. Here are some examples of workplace injuries that are typically covered by workers’ compensation:
- Falls due to slippery floors or other hazards
- Vehicle accidents in the course of employment
- Electrical shock, electrocution, and burns
- Overexertion, such as back strain from lifting heavy objects
- Chemical or biohazard exposure, including needle-stick injuries
- Pinching and crushing injuries or amputations
- Injuries due to falling objects
- Traumatic brain injuries
- Occupational diseases
- Bronchiolitis obliterans (popcorn lung)
- Repetitive motion injuries
- Workplace violence
If your injuries involved third-party negligence outside of standard workers' compensation coverage, our Kokomo personal injury lawyers can help you seek the compensation you may deserve.
What To Do After a Workplace Injury in Kokomo
Taking the right steps after a workplace injury is critical for protecting your health as well as your right to compensation. While you may want to return to your job as quickly as possible, it’s important to remember that you’re entitled to benefits during your recovery time. Your employer cannot fire you or retaliate if you file for workers’ comp. Here are a few tips to help you navigate the process:
- Notify Your Employer: Make sure that your supervisor or boss fills out an accident report form as soon as possible.
- Seek Medical Attention: Go to the emergency room or urgent care to seek treatment for your injuries. You may be required to use an employer-approved provider for subsequent care.
- File a Workers’ Comp Claim: Ask your employer or HR team for a copy of the claims form. They are responsible for submitting it to the insurance company and the state.
- Attend All Appointments: Attend all follow-up appointments and physical therapy visits as scheduled. Follow other directives, such as avoiding strenuous activity.
- Keep Records: Gather evidence to support your claim, including medical records, time off work, email correspondence, and photos of your injuries.
Understanding the Claims Process
Filing a workers’ compensation claim can be a complex process, especially if you miss a deadline or disagree with a potential determination. Fortunately, there are ways to protect your rights by requesting a formal hearing or filing an Application for Adjustment. Here’s how the timeline works in Kokomo and other parts of Indiana:
- Notification: You have 30 days from the date of your injury or illness to notify your employer. Otherwise, your claim may be denied.
- Initial Claim: Once notified, your employer has 7 days to report your injury to the insurance carrier.
- Informal Dispute Resolution: If your employer or employer’s insurance company is unresponsive, you can file a Request for Assistance with the Indiana Workers’ Compensation Board to begin the dispute resolution process.
- Formal Hearing: If you still aren’t satisfied with the outcome, you or your attorney can file an Application for Adjustment to request a formal hearing.
- Appeals: If your issue has not been resolved, you may be able to appeal the board’s decision by filing a claim with the Court of Appeals or the Supreme Court of Indiana.
Kokomo Workers’ Comp FAQs
If you were denied workers’ compensation or if your benefits were terminated, you have 2 years to dispute the decision by filing an Application for Adjustment of Claim. In Indiana, the statute of limitations starts on the date of the injury or the date of your last workers’ compensation payment, whichever is more recent.
Total compensation depends on numerous factors, including past wages, how much time you’re off work, and whether your injury is permanent. In general, you can expect to receive 2/3 of your weekly paycheck plus reimbursement for medical expenses and other losses as long as you're out of work for at least 1 week. If you don’t feel like you’re getting adequate compensation, have a Kokomo workers’ compensation attorney review your claim.
MMI means that you are fully healed from your workplace injury or illness as determined by a medical professional. At this point, treatment ends, and you may be cleared to return to work. This status also means that your wage replacement benefits will end. If you are still disabled, you may be entitled to a lump-sum partial impairment payment. You also have a right to request an independent medical exam if you disagree with the MMI determination and feel that you aren’t ready to return to work.
While many workers’ compensation cases are successfully resolved by insurance companies and the Indiana Workers’ Compensation Board, there are situations where hiring an attorney is recommended. Here are a few reasons why you may want to consult a lawyer:
- Third-party liability
- Denials or missed deadlines
- Inadequate compensation
- Improper or insufficient medical care
- Long-term impairments
- Pressure to return to work
- Discrimination or retaliation
- Possible settlement offers
Workers’ compensation coverage starts on your first day of work. You’re eligible for benefits if you’re injured on the job and unable to work for at least 7 days. The first payment is typically issued 15 days after the date of the injury. If you’re out of work for at least 21 days, you’ll also be paid for the first 7 days retroactively.
Contact the Ken Nunn Law Office
As you can see, workers’ comp is a highly specialized area of law. It’s important to consult an attorney with in-depth knowledge of Indiana’s rules and procedures. We can connect you with a Kokomo workers’ compensation lawyer who has years of experience representing injured workers in court and in administrative hearings overseen by the Indiana Workers’ Compensation Board. Reach out today to schedule a free case evaluation with no obligation. You deserve to recover fair compensation for your workplace injuries.