If you are an Indiana employee, you have probably had a reason to check out the workers compensation in your state. If you have any questions about your own rights, or if you have a dispute, you can check with the Indiana Department Of Labor for help and information. Your employer is required, by state law, to post information about their plan in a prominent place at work. You may see a poster in the company break room or other public posting area. If you do not see any posted information, you can ask your personal department or contact the Department of Labor to ask about your own employer's plan.
Your state requires most employers to protect their employees. Temporary employees are also covered, though the coverage may be through a staffing company, rather than the actual company you are working with at the time of the injury. Federal workers, even those in Indiana, are probably covered under the separate federal employee's program.
You might be surprised at the types of work related injuries that you can make a claim for. While many claimants are injured in a specific accident, some injuries are never tied to one single accident. In fact a sizable amount of claims are caused by overexertion, which can happen in one incident of overwork, or it can happen over time. It may seem obvious that a manual laborer could suffer from overexertion, but this type of chronic injury can affect store clerks and office workers too! If you lose time from work because of overexertion, no matter what job you do, be sure and explore your rights under Indiana Workers Compensation Rules.
Another chronic injury that affects office workers is carpal tunnel syndrome. People who spend long hours doing repetitive motions, either on an Assembly line or a computer, can suffer severe pain. They may need surgery or therapy, and may certainly lose time work time and pay! In this case, the employee can ask for leave for their treatment. While they recover, they may be offered another job that does not require the same repetitive movement.
Injuries do not have to be physical. Psychological injuries are covered. Stress or irregular sleep patterns caused by work shifts may be examples of covered injuries. Of course, a serious accident could also cause mental trauma, and this should be evaluated as part of the injury. A worker may need a combination of physical and psychological therapy or medication.
You also do not need to be at your place of work at the time of the injury in order to make a claim. If you are traveling for your job, a car accident may be covered. This would not cover your normal commute to and from work.
The important thing to remember is that you may have a claim, even if you cannot tie an injury to one specific accident. You do not need to be in your normal office or place of work, but you do need to be performing your job. Also, injuries can be mental, and do not need to be physical in order to deserve treatment under the law.
Definition Of Workers Compensation
There are laws in Pennsylvania protecting your rights as an employee injured on the job, but they also require you to follow a specific procedure in order to qualify for workers compensation benefits. Because of this specific and sometimes confusing required course of action, it is recommended that you consult a Pennsylvania workers compensation attorney as soon as possible after your injury.
Employers in Pennsylvania, with few exceptions, are required by law to offer workers compensation to their employees in the event of work caused or related accidents. Many state legislatures have enacted what is called the exclusive remedy rule; meaning it doesn't matter, in most cases, whether you or your employer did anything wrong, you are still entitled to Pennsylvania workers compensation. However, there are exceptions to this rule and not all states participated in this piece of legislation, so you need to consult a Pennsylvania workers compensation attorney to determine whether your circumstances qualify.
As with all legal processes, there are notice requirements and paperwork that must be properly filled out in order to claim workers compensation. The sooner you fill these papers out the better, as claims are easier to dispute if too much time has passed.
When all documentation has been filled out, you may be eligible for temporary total disability benefits during your recovery period and these will continue until you reach maximum medical improvement. If your injuries are verified to be permanent, you should be entitled to a lump sum settlement. All this can be overwhelming, especially as you deal with the emotional shock of short term or permanent disability, so we recommend that a Pennsylvania workers compensation attorney represent you to keep you informed through all of these stages.
The last requirement for qualifying for Pennsylvania workers compensation is of course, that the injury must be work-related. Some employers, along with their workers compensation insurance carriers, will try to dispute whether your injuries were work-related, or they may contest your claim of temporary or permanent disability, or both. Regardless, you have rights as an employee to be compensated for any injury sustained on the job, which you must ascertain assertively. Pennsylvania workers compensation attorneys will help you effectively prosecute your claim should that become necessary.
Pennsylvania workers compensation attorneys typically work closely with your physicians to establish the extent of your injury and resulting potential disabilities. If your injuries are permanent, your long term ability to work and support yourself and your family will be affected. You have the right to be compensated for your injuries, and not punished for them.
Both John Prevor & Art Gib are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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