Workers’ Compensation Lawyer in Muncie, IN
Workplace injuries cause physical, financial, and emotional hardship. With help from a workers’ compensation lawyer in Muncie, you can fight back against the insurance companies and present your case to the Indiana Worker’s Compensation Board (WCB). You may be entitled to medical care, weekly wage replacement, and compensation for permanent injuries. An experienced injury lawyer can help you meet deadlines, present evidence to the state, and receive the medical care and benefits you need. Request a free case evaluation to get started.
Workers Have Rights
A skilled workers’ compensation attorney in Muncie can protect your rights and help you recover all available benefits.
Simple Fees
The Indiana WCB has a cap on how much attorneys can charge. Plus, with a contingency fee structure, you don’t pay anything unless a lawyer wins compensation for you.
Free Case Reviews
Complete our case evaluation form to schedule your free initial consultation. There’s no risk. You could be missing out on the benefits you deserve.
Table of Contents
Workers’ Compensation Basics
Since 1949, each state has been required to maintain its own system for handling workers’ compensation claims. Before this type of mandatory insurance, injured workers were forced to sue their employers for damages, which created hardships for workers and businesses.
Today, nearly all employers in Indiana must purchase a qualifying insurance plan or demonstrate their financial ability to self-insure. Although nonfatal workplace injuries and illnesses reached their lowest rate of 2.6 injuries per 100 workers in 2023, workers’ compensation is still a valuable program that supports thousands of Hoosiers every year. This page takes a closer look at workers’ compensation benefits and claims in Indiana.
What Benefits Are Included?
Indiana offers a complete range of benefits to give injured workers the best chances of recovering physically and financially after a workplace injury or occupational illness. A Muncie workers’ comp attorney can help you by assessing your case and ensuring that you receive all available benefits. Here’s what’s covered.
Your employer must pay for all reasonable and necessary medical expenses related to your workplace injury. This includes emergency care and rehabilitation as well as:
- Skilled rehabilitation
- Doctors visits
- Hospital stays
- Surgery
- Prescriptions
- Medical equipment
- Physical therapy
Wage replacement benefits kick in on day 8 once you have been unable to work for at least 7 consecutive days. You should be issued your first payment about 15 days after your injury. You’ll be paid for your first week of missed work once you have been out for 3 weeks. Here’s how these benefits work:
- Temporary Total Disability (TTD): These weekly checks compensate you for lost income equaling 2/3 of your average weekly wages. Payments are based on your average earnings over the past 52 weeks or your most recent period of employment if it was less than 1 year. The state has caps on weekly payments and total compensation that vary depending on the date of your injury.
- Permanent Partial Impairment (PPI): This benefit provides a lump-sum payment if you have a permanent impairment once you have reached maximum medical improvement (MMI). Compensation is calculated based on the affected body part and the level of impairment. Payments are adjusted annually to keep pace with inflation.
- Permanent Total Disability (PTD): If you’re unable to perform any work due to a permanent impairment, you may be eligible to receive extended payments equal to the TTD amount for up to 500 weeks. Since 2023, lifetime benefits are capped at over $400,000. This type of compensation is available to individuals who have severe impairments, such as paralysis, limb loss, or brain injuries. Training, education, and work experience may also be considered.
If you’re unable to return to your previous job, workers’ compensation may provide vocational training. Examples of covered services include:
- Skills assessments
- Education
- Retraining
- Job placement
- Employment assistance
- Career counseling
- Resume building
In Indiana, 157 fatal workplace injuries occurred in 2023. Transportation, materials handling, construction, mining, and factory jobs are among the most dangerous. In the event of a fatal workplace injury, surviving family members may be able to recover wage replacement benefits and compensation for final expenses through workers’ compensation insurance. Wage replacement benefits are available for up to 500 weeks at the TTD rate of 2/3.
How Does The Claims Process Work?
In Indiana, the workers’ compensation claims process begins when you sustain a workplace injury. Here’s what to expect:
- The first step is to report the injury to your supervisor within 30 days.
- Next, your employer submits the accident report to the insurance company and the WCB.
- Then, you’ll be assigned an approved medical provider for follow-up care.
- Temporary total disability payments should begin on day 8 after your injury.
- If the claim is delayed or denied, you can file an Application for Adjustment of Claim to get the compensation and medical care you deserve.
- The next step is to schedule a hearing where you and your attorney can present evidence to settle any disputes.
- As you complete the treatment plan, the doctor may determine that you’re ready to work full-time or on light duty.
- If you’re unable to return to your previous job after reaching MMI, you may be eligible for ongoing disability payments or a lump-sum settlement. This is often the case for a permanent partial impairment to a specific body part, such as your thumb, hand, leg, knee, or ear.
- You may also be able to appeal or challenge the results of the hearing. A workers’ comp attorney in Muncie can provide more specific advice about your case.
Top Reasons for Denials
Filing for workers’ comp comes with its fair share of pitfalls, but a workplace injury lawyer can help you avoid many of them. Here are a few of the problems that can crop up during the claims process:
- Pre-existing conditions: It’s quite common for insurers to claim that workplace injuries, such as back problems, were pre-existing. An attorney can help you prove that any underlying health problems significantly worsened after the injury.
- Failure to report: There are strict deadlines for reporting workplace injuries. You must notify your employer within 30 days, and your employer has just 7 days to report this information to the insurance company and the state.
- Work status: Your employer may argue that the injury did not occur during the scope of employment if you were on break or traveling off-site.
- Medical evidence: It’s important to seek medical care after your injury and attend all follow-up appointments. Missing physical therapy appointments or ignoring medical advice can affect your chances of a successful claim.
- Liability: Although workers’ comp is no-fault, insurance companies may try to deny your claim if you were engaging in horseplay, acting recklessly, or under the influence of drugs or alcohol.
Common Workplace Injuries
Workers’ compensation is available for a wide variety of injuries and occupational illnesses. As long as the accident or exposure occurred on the job during the normal course of employment, you may be eligible for medical care and other benefits. Here are a few examples of common workplace injuries:
- Heavy lifting and overexertion
- Injuries from falling objects
- Chemical exposure
- Amputations and fractures
- Pinching and crushing injuries
- Slip and falls due to dangerous surfaces
- Repetitive motion injuries
- Brain injuries and concussions
- Hearing or vision loss
How a Workers’ Compensation Lawyer Can Help
Working with a workers’ compensation lawyer in Muncie can be a game-changer. While many cases proceed normally, an attorney can be a big help if your case is delayed, disputed, or denied. Legal representation may also be needed if your injury is undervalued or you’re having an issue with your employer or the insurance company. An attorney can help with:
- Filing your claim
- Submitting medical evidence
- Presenting evidence at hearings
- Negotiating favorable settlements
- Calculating wages for accurate compensation
- Fighting for fair impairment ratings
- Coordinating second opinions
- Selecting expert witnesses
- Protecting you from retaliation
- Providing advice to avoid common pitfalls
- Recovering SSDI and related benefits, if needed
- Filing appeals
Workers’ Comp FAQs
The Indiana Worker’s Compensation Board has offices in each county. If you live in Muncie or another part of Delaware County, your hearing will be held at the WCB office located at 100 East 10th Street, Suite 100, Muncie, IN 47305.
Apart from emergency medical care, all services must be provided by a provider who’s approved by your employer’s insurance company. If you aren’t happy with the care you’re receiving, you may file an Application for Adjustment of Claim with the Indiana WCB.
No, benefits from workers’ compensation are generally not taxed at the state or federal level. An exception would be if you receive workers’ comp and Social Security Disability concurrently and your total benefits exceed 80% of your pre-injury earnings.
You do not have to return to work before a doctor says that you are cleared for light duty. If a doctor has determined that you’ve reached MMI and are ready to return to work, you have a right to get a second opinion by requesting an Independent Medical Exam. You may also seek outside medical treatment at your own cost. An attorney can provide more information about how to respond.
Indiana follows the doctrine of at-will employment, which states that an employee may be terminated at any time with or without cause. However, if terminated, you may be able to sue your employer for retaliatory discharge, a type of wrongful termination.
Nearly all employers with at least 1 employee must have workers’ compensation insurance or opt to self-insure. There are a few exemptions for different industries, such as railroad workers, real estate agents, household employees, certain agricultural workers, and police and fire personnel associated with a municipal corporation.
It does not cost anything to consult with a Muncie workers’ comp attorney. Attorneys' fees will be deducted from any funds you recover. The fee structure will be discussed upfront, so you are never in the dark about what will be paid from your settlement.
Contact Us for a Free Case Review
If you were injured on the job and are unable to return to your previous position, you may be eligible for workers’ compensation. Benefits are available to help with medical care, compensate you for lost wages, and train you for other kinds of work. You may even be eligible for a lump-sum payment for permanent injuries. Whether you’re dealing with an unresponsive employer or have been denied the benefits you deserve, a workers’ compensation lawyer in Muncie may be able to help. Contact us to request your free case evaluation.