What Happens if a Construction Worker Is Hurt on the Job?

A construction worker get hurt at the site

Construction is one of the most dangerous industries in the United States. The risks are significant whether you’re operating heavy machinery, working from great heights, or dealing with hazardous materials. If you’re a construction worker in Indiana and you’ve been injured on the job, you might be feeling overwhelmed, uncertain about your future, and worried about how you will support your family.

Fortunately, Indiana’s workers’ compensation system is designed to provide you with the financial support you need during this challenging time. However, navigating the system can be complex, especially when dealing with the unique aspects of Indiana’s laws.

An experienced construction accident lawyer from Klezmer Maudlin PC can anticipate what will happen if you have been hurt on the job in Indiana, the steps you should take after an accident, and how a workers’ compensation attorney can help ensure you receive the benefits you deserve.

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Understanding Workers’ Compensation in Indiana

Indiana’s workers’ compensation system is a no-fault insurance program that benefits workers injured on the job, regardless of who was at fault for the accident. This means that even if your own mistake contributed to the injury, you could still receive compensation for your medical bills, lost wages, and other related expenses.

What Workers’ Compensation Covers

Miniature people and white paper with the words workers' compensation

If you’re injured while working on a construction site, workers’ compensation in Indiana can cover:

Medical Expenses: This includes all necessary medical treatment, from emergency room visits and surgeries to physical therapy and medications.
Lost Wages: If your injury prevents you from working, you may be entitled to receive a portion of your lost income while you recover.
Permanent Disability: If your injury results in a permanent impairment, you may receive additional benefits based on the severity of your disability.
Vocational Rehabilitation: If you cannot return to your previous job, workers’ comp may cover the cost of retraining or education to help you find new employment.

Steps to Take After a Construction Site Injury

The moments after a construction site injury can be chaotic and stressful, but taking the right steps to protect your health and your right to workers’ compensation benefits is important. If you’re considering hiring a lawyer, you’re likely already off the job site, but you can still protect yourself and help your construction accident attorney build your workers’ comp claim.

See a Doctor

Your health should be your top priority. Even if you think your injury is minor, or if some time has passed since the accident that caused the injury, you should get checked out by a medical professional. Some injuries, such as head trauma or internal bleeding, may not show immediate symptoms but can be life-threatening if left untreated.

Report the Injury to Your Employer

In Indiana, you must report your injury to your employer immediately. Ideally, you should do this in writing and keep a copy for your records. You could lose your right to workers’ compensation benefits if you don’t report your injury within 30 days.

Follow the Doctor’s Instructions

Your employer’s workers’ compensation insurance company will direct you to a doctor for evaluation and treatment. It’s essential to follow the doctor’s instructions and attend all appointments. Failure to do so could jeopardize your claim.

The Role of Medical Exams in Indiana Workers’ Compensation Cases

On the table are a stethoscope, pills, a thermometer and a notebook with the inscription - Work Accident

Indiana has specific rules regarding medical exams in workers’ compensation cases that can significantly impact your benefits.

Initial Examination by the Insurance Doctor

When you file a workers’ compensation claim in Indiana, the insurance company will require you to see a doctor of their choosing. This doctor will evaluate your injuries and determine your maximum medical improvement (MMI). MMI is the point at which your condition is stable, and further medical treatment is unlikely to improve your condition.

It’s important to understand that this examination is not an independent medical examination (IME) like in many other states. The insurance doctor’s evaluation is critical because their assessment of your MMI will influence the benefits you receive. If you reach MMI and cannot return to your previous job, the insurance company may try to reduce or stop your benefits.

Independent Medical Examination (IME)

If you disagree with the insurance doctor’s evaluation, you can seek a second opinion through an Independent Medical Examination (IME). Unlike in other states, where the IME is part of the standard process, in Indiana, the IME is a separate evaluation that you must either pay for out of pocket or that a workers’ compensation judge may order.

The IME can be a crucial tool in disputing the insurance doctor’s findings and ensuring that you receive the full benefits you’re entitled to. If the IME supports your claim that you haven’t reached MMI or your condition is worse than the insurance doctor indicated, it can strengthen your case.

Common Construction Site Injuries Covered by Workers’ Compensation

Construction sites are inherently dangerous places, and accidents can result in many injuries. Some of the most common injuries that workers’ compensation may cover include:

Falls: Falls from scaffolding, ladders, or roofs are some of the most common and dangerous construction site accidents. These falls can result in severe injuries, such as broken bones, traumatic brain injuries, or spinal cord damage.
Electrocutions: Working with electrical systems or near power lines poses a significant risk of electrocution. Electrical burns, nerve damage, and cardiac arrest are just a few of the severe consequences that can result from electrocution.
Struck by Objects: Construction sites are busy places with many moving parts. Workers are at risk of being struck by falling tools, building materials, or even vehicles, leading to injuries like concussions, fractures, or internal bleeding.
Machinery Accidents: Heavy machinery, such as cranes, bulldozers, and forklifts, can cause devastating injuries if not operated correctly or if the equipment malfunctions. Common injuries include crush injuries, amputations, and severe lacerations.
Repetitive Motion Injuries: Not all construction injuries result from a single accident. Repetitive motion injuries, such as carpal tunnel syndrome or tendinitis, can develop over time due to the physical demands of construction work. These injuries can be just as debilitating as more acute injuries and are covered by workers’ compensation.

Workers’ Compensation and Mental Health: Addressing Psychological Injuries

A construction worker facing Psychological issue after accident

When we think of construction site injuries, we often focus on the physical harm caused by falls, machinery accidents, or being struck by objects. However, the impact of a construction accident can extend far beyond physical injuries. The psychological toll of a workplace accident can be just as debilitating, affecting your ability to work, interact with others, and enjoy life as you once did.

In Indiana, workers’ compensation can cover psychological injuries that result from a construction accident, recognizing the importance of mental health in your overall recovery. After an accident, workers may experience a range of emotional and psychological responses that can include:

Stress: The sudden trauma of an accident can cause immense stress, especially if you’re facing uncertainties about your physical recovery, financial stability, or ability to return to work.
Anxiety: Many injured workers experience anxiety, particularly if they’re worried about their future employment or if the accident has left them fearful of returning to the job site. This anxiety can manifest in physical symptoms such as rapid heartbeat, sweating, and difficulty breathing, making it even harder to cope with day-to-day life.
Depression: The loss of physical capabilities, the stress of dealing with a workers’ compensation claim, and the potential isolation from coworkers and loved ones can lead to depression. Symptoms may include persistent sadness, a lack of interest in activities you once enjoyed, and feelings of hopelessness or worthlessness.
Post-Traumatic Stress Disorder (PTSD): In severe cases, a construction accident can lead to PTSD, a condition characterized by flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the accident. PTSD can be particularly disabling, making it difficult to function in everyday life.

Including Mental Health in Your Workers’ Compensation Claim

In Indiana, workers’ compensation is designed to cover all aspects of your injury, including the mental and emotional effects. However, it’s important to understand that psychological injuries may not always be immediately apparent, and proving their connection to your workplace accident can be challenging.

A workers’ compensation lawyer can help you gather the necessary evidence, work with medical professionals, and ensure that your mental health is appropriately factored into your claim. They can also help you navigate any disputes with the insurance company, which may try to downplay the severity of your psychological injuries or argue that they’re unrelated to your accident.

Challenges You May Face in Your Workers’ Compensation Claim

Navigating the workers’ compensation system can be challenging, especially if you’re dealing with a serious injury and trying to recover at the same time. Some of the common challenges construction workers face during the claims process include:

Disputes Over the Severity of Your Injury

Insurance companies may dispute the severity of your injury or argue that your condition isn’t as serious as you claim. This is where the MMI evaluation and IME become crucial. Having a strong legal advocate on your side can help ensure that your injuries are accurately assessed and that you receive the benefits you deserve.

Denial of Benefits

Unfortunately, it’s not uncommon for insurance companies to deny valid workers’ compensation claims. They may argue that the injury wasn’t work-related, that you didn’t report it on time, or that you can return to work despite your condition. An experienced workers’ compensation lawyer can help you appeal a denial and fight for your rights.

Pressure to Return to Work Too Soon

Your employer or the insurance company may pressure you to return to work before you fully heal. This can be dangerous and may lead to further injury. A lawyer can help you navigate these pressures and ensure that you only return to work when it’s safe for you to do so.

How a Workers’ Compensation Lawyer Can Help

A construction site injury lawyer can help you through the workers’ compensation claims process in several ways:

Experienced Guidance

From filing your claim to handling disputes with the insurance company, a lawyer can guide you through every step of the workers’ compensation process. They can help you understand your rights, gather the necessary documentation, and file your claim correctly and on time.

Ensuring You Receive Fair Medical Treatment

If you disagree with the insurance doctor’s assessment, a lawyer can obtain an IME to accurately evaluate your injuries. They can also advocate for you to receive the necessary medical treatment and rehabilitation services.

Fighting for the Benefits You Deserve

A lawyer can fight for your rights if your claim is denied or the insurance company tries to reduce your benefits. They can represent you in hearings before the workers’ compensation board and work to secure the full benefits you deserve under Indiana law.

Protecting You from Retaliation

Your employer cannot legally retaliate against you for filing a workers’ compensation claim, but unfortunately, it does happen. If you face retaliation, such as wrongful termination or demotion, a lawyer can protect your rights and seek compensation for any damages you’ve suffered.

Exploring Additional Legal Options

Sometimes, you may have additional legal options outside the workers’ compensation system. For example, if a third party’s negligence contributed to your injury, you may be able to file a third-party liability claim. A lawyer can help you explore all your legal options and determine the best course of action.

Don’t Face This Alone: Contact Klezmer Maudlin PC Today

If you’re a construction worker in Indiana who has been injured on the job, you don’t have to face this challenging time alone. The workers’ compensation system is there to help, but navigating it can be difficult, especially when you’re dealing with a serious injury.

A construction site accident lawyer with experience handling Indiana workers’ compensation cases can provide the support, guidance, and legal representation you need to ensure that your rights are protected and that you receive the full benefits you deserve.

At Klezmer Maudlin, we understand the challenges you’re facing, and we’re here to help. We have extensive experience handling workers’ compensation cases for construction workers across Indiana. Workers’ compensation attorneys in Indianapolis are dedicated to fighting for the rights of injured workers and helping them secure the financial support they need to move forward with their lives.

After an on-the-job injury, contact us today for a free consultation to discuss your case and learn how we can help. Call our Indianapolis office at 317-569-9644 or contact us online at any time.