Helping Injured Workers Recover From Their Injuries

If you have been injured on the job, worker’s compensation can help protect you from the potentially devastating costs of a work-related injury. Hiring an attorney to assist you with your worker’s compensation claim can help ensure you don’t lose out on the benefits to which you might be entitled.

At Harper and Harper, LLC, our lawyers have more than 100 years of combined experience representing clients throughout Porter County and northwest Indiana with their workers’ compensation needs. Although you may be entitled to worker’s compensation, there is no guarantee you will receive the total money you deserve. Thankfully, we can help you pursue the compensation you need.

Benefits Available Under Indiana Workers’ Compensation

Indiana’s no-fault workers’ compensation system is designed to provide injured workers with several types of benefits, regardless of who caused the accident:

Medical care: Coverage for the reasonable and necessary treatment of your work injury, including doctor visits, surgery, prescriptions, physical therapy and medical devices.
Temporary total disability (TTD): Wage-replacement benefits — generally two-thirds of your average weekly wage, up to a statutory cap — while your doctor says you are unable to work.
Permanent partial impairment (PPI): Compensation based on a physician’s impairment rating once you reach maximum medical improvement and are left with lasting effects.
Permanent total disability and death benefits: Additional benefits in the most serious cases, including support for surviving family members after a fatal workplace accident.

Insurers do not always pay every benefit you are owed. We make sure your wage rate, impairment rating and future medical needs are calculated correctly.

What To Do After A Workplace Injury

Protecting your claim starts the moment you are hurt. To give yourself the best chance at full benefits:

Report the injury to your employer right away — in writing whenever possible — and keep a copy.
Get medical care and tell the provider your injury is work-related.
Follow your treatment plan and work restrictions; gaps in care give the insurer a reason to cut off benefits.
Keep records of your medical visits, mileage, missed work and any written communications.
Be cautious with the insurer. You are not required to give a recorded statement or sign a broad medical release before speaking with an attorney.

Common Workplace Injuries We Handle

Work injuries happen across every industry in Northwest Indiana, from the steel mills and warehouses of Lake County to construction sites and offices across Porter, LaPorte and Jasper counties. We help workers hurt by:

Falls from heights and slip-and-fall accidents
Repetitive-motion and overuse injuries
Back, neck and spinal cord injuries
Machinery and equipment accidents
Burns, electrical injuries and exposure to toxic substances
Vehicle accidents that happen on the job

When Someone Other Than Your Employer Is At Fault

Sometimes a workplace injury is caused by a party other than your employer — a careless driver who hits you while you are working, a negligent subcontractor on a job site, or a manufacturer whose defective equipment failed. In those situations, you may be able to file a separate personal injury claim against the at-fault party while still collecting workers’ compensation. Because a third-party claim can recover damages that workers’ compensation does not, such as full compensation for pain and suffering, it is worth having an attorney review how your injury happened.

How We Can Help You

After you have been hurt on the job, there are some occasions where you need to be sure you have legal representation to help you. Some examples of when you should speak to an attorney:

Your employer doesn’t immediately file a claim or refuses to file a claim. If you get injured on the job, you should notify your employer as soon as possible. Your employer must provide you with the proper paperwork, report your injury to the worker’s compensation board, and file a claim with their insurance carrier. If you wait to report your injury or if your employer delays filing a claim, your worker’s compensation claim may be denied.
Your claim was denied. If you feel that you have a legitimate claim but it was denied, you should appeal that decision. An attorney can help guide you through the appeals process which usually includes filing formal paperwork, gathering evidence, and presenting your case at a hearing.
You did not receive sufficient compensation. An attorney can explain the worker’s compensation benefits to which you should be entitled, file an appeal on your behalf, and build a case to show why you deserve a larger settlement.

Our goal as your legal representation is to maximize the compensation you receive after being hurt on the job, and we have the skills and commitment necessary to pursue that goal.

Start Pursuing The Outcome You Deserve

If your claim has been denied, if you feel that you have been undercompensated, or if you believe that your rights under the Indiana worker’s compensation law have been violated, we may be able to help. Please call our Valparaiso office at 219-762-9538 or email us here for a free initial consultation.

Frequently Asked Questions

What benefits can I receive through Indiana workers' compensation?

Indiana workers' compensation generally covers the medical treatment you need for your work injury, temporary total disability (TTD) benefits that replace a portion of your wages -- typically two-thirds of your average weekly wage, subject to statutory limits -- while you cannot work, and permanent partial impairment (PPI) benefits based on a doctor's impairment rating once you reach maximum medical improvement. In the most serious cases, permanent total disability and death benefits may also be available.

Do I have to prove my employer was at fault to get workers' compensation?

No. Indiana workers' compensation is a no-fault system. You generally do not have to prove your employer did anything wrong, and your own carelessness usually does not bar your benefits. Benefits can be denied in limited situations, such as injuries caused by intoxication or horseplay, which is one reason it helps to have an attorney if the insurer disputes your claim.

How long do I have to file a workers' compensation claim in Indiana?

Report your injury to your employer as soon as possible -- ideally in writing and generally within 30 days. If your claim is disputed, you must file an Application for Adjustment of Claim with the Worker's Compensation Board of Indiana, generally within two years of the date of injury. Because these deadlines are strict and a missed one can end your claim, it is best to speak with an attorney early.

Do I get to choose my own doctor for a work injury?

Usually not. In Indiana, the employer or its insurance carrier directs your medical care and selects the treating physician for a workers' compensation injury. If you disagree with the treatment you are receiving, an attorney can help you seek a second opinion or challenge the decision through the Worker's Compensation Board.

Can I be fired for filing a workers' compensation claim?

Indiana law prohibits an employer from retaliating against you for filing a good-faith workers' compensation claim. If you are fired or demoted because you pursued benefits, you may have a separate claim for retaliatory discharge in addition to your workers' compensation case.

Can I sue someone other than my employer for a workplace injury?

Often, yes. Workers' compensation is usually your only remedy against your employer, but if a third party -- such as a negligent driver, a subcontractor, or the maker of defective equipment -- caused your injury, you may be able to bring a separate personal injury claim against that party in addition to your workers' compensation benefits. These third-party claims can recover damages, like full pain and suffering, that workers' compensation does not.