Indiana Workers Compensation
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About David Lutz LLC
David Lutz is the founding attorney of David M. Lutz LLC and focuses his practice on representing injured workers. He has represented thousands of injured workers before the Indiana Worker’s Compensation Board.
“Whether it is trying your case or settling your case, my responsibilities are to advise you so that you can make the right decision. Rather than tell you what to do, I strive to give you all options available to you and discuss those options with you so that you can make the best decision that fits your personal situation.”
How do we charge?
Our office will not charge an initial consultation fee. If you decide to hire us, we do not charge any fees up front. Our attorney fees are set by Indiana Law through the Indiana Worker’s Compensation Board. Current Indiana Law limits attorney fees to a minimum of $200.00. 20% of the first $50,000 of recovery and 15% of the recovery in excess of $50,000. There are simply no up front costs. If you hire us with a settlement offer already made by the insurance carrier, we will typically agree not to charge any attorney fee unless we recover additional monies. We will discuss this in more detail at our initial meeting with you.
Indiana Workers Compensation Lawyer
When you suffer an on the job injury, not only do you have to deal with your physical injury, but you also have to deal with your employer as well as your employer’s worker’s compensation insurance carrier.
When you are injured on the job, you have certain rights under the Indiana Worker’s Compensation Statute. Your right to compensation including medical care are dictated by the Indiana Worker’s Compensation Statute. When you are injured on the job, you have a claim against your employer for worker’s compensation benefits. Your claim against the employer falls within the exclusive jurisdiction of the Indiana Worker’s Compensation Board. This means that you cannot successfully file suit in State Court. You do not have a right to a jury trial. You do not have a claim for pain and suffering as you would have in a regular civil suit involving personal injury.
We at David M. Lutz LLC understand the complexities of the issues you are
dealing with. We will be by your side advising you of your rights and
obligations. We will handle your dealings with the insurance company as well as
the insurance adjuster. We will handle all aspects of your case so that you can
focus on your medical care and get back to work.
If you have been injured on the job you should seek the assistance of an
experienced Indiana Worker’s Compensation attorney. You can contact our
office and set up a free
legal consultation with an
experienced in the Indiana Worker’s Compensation Laws.
We will schedule an initial consultation with you at no cost. We handle worker’s compensation cases all over the state of Indiana. We have represented injured employees throughout the four corners of the state from Fort Wayne to Evansville and Crown Pointe to Madison. We will either meet with you in person or by telephone. Homes visits and hospital visits are available.
Whether it is trying your case or settling your case, my responsibilities are to advise you so that you can make the right decision.
Indiana Workers Comp FAQ's
The Indiana Worker’s Compensation Act provides the following to
—-> Medical care to be provided by the employer and its worker’s compensation insurance company.
—-> Wage replacement benefits called Temporary total disability (TTD) benefits and Temporary Partial disability (TPD) benefits paid out on a weekly or biweekly rate of 66 2/3% of the injured worker’s average weekly wage (AWW).
—-> Permanent Partial impairment (PPI) benefits paid to the injured worker based on the permanent partial impairment percentage rating given by a medical doctor
—-> Permanent Total Disability (PTD) benefits paid out on a weekly or biweekly basis at the rate of 66 2/3 % of the injured worker’s average weekly wage AAW). It is paid when the injured worker cannot return to any type of reasonable employment after the worker’s medical condition has reached what is termed maximum medical improvement (MMI).
---> In Indiana when you are unable to return to work because of your work-related injury and you have a physician taking you off work or you have restrictions that your employer cannot or will not accommodate, you are entitled to receive weekly or biweekly TTD checks. The amount is based on your Average Weekly Wage (AWW). You are entitled to receive 66 2/3% of your AWW up to a maximum depending on the date of your injury.
---> Indiana is considered an “employment at will” state. What this means is that an employer may hire, fire, promote, demote, layoff, suspend at its discretion so long as it does not discriminate against the employee because of age, sex, race, religion, national original or disability.
---> Also the employer cannot fire an injured worker for pursuing and asserting rights under the Indiana Worker’s Compensation Act.
---> The Indiana Worker’s Compensation Act specifically gives the employer and its worker’s compensation insurance company the right to direct and control the medical treatment and care the injured worker receives. So generally, no, you cannot choose your medical care. There are exceptions. Sometimes the employer will let you to choose your own medical care. If you need emergency medical care and are not able to provide your employer an opportunity to authorize medical care, your employer may be responsible. However, you will want to notify your employer of the medical care as soon as possible. If your employer fails to provide medical care to you, you are free to go to a doctor on your own.
---> You always have the right to seek medical treatment at your own expense.