How to Appeal a Workers’ Compensation Denial in Indianapolis
Having your workers’ compensation claim is often a frustrating and confusing experience, leaving most people needing guidance on what to do next.
An experienced and professional liability claim attorney will protect your rights while you appeal the denial of your claim.
The diligent and assertive Indianapolis workers compensation attorneys at Klezmer Maudlin PC are well-versed in appealing denied workers’ compensation claims. Call our team today at (317) 569-9644 for your free and confidential case evaluation.
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Common Types of Workers’ Compensation Accidents
Various types of accidents at a workplace can result in an injury.
Here are some of the most common types of workers’ compensation-related accidents:
- Transportation accidents – Suffering a car accident while on the job is one of the most common causes of workplace injuries. According to the U.S. Bureau of Labor Statistics, transportation accidents result in the most workplace fatalities annually.
- Construction site accidents – Getting hurt while working at a construction site often leads to severe and life-altering injuries. Common injuries incurred at construction sites are spinal cord injuries, traumatic brain injuries, or death.
- Forklift accidents – Operating heavy machinery is a risky job. Most people injured in a forklift accident suffer head injuries, loss of limbs, or fatalities.
- Service industry accidents – Slipping and falling while working in the service industry is a common occurrence, often leading to broken bones, neck injuries, and psychological distress.
- Warehouse accidents – Heavy machinery and large objects are standard items in a warehouse. Sustaining an injury while working in this setting could result in the loss of a limb, a traumatic brain injury, or exposure to toxic materials.
- Dangerous exposure accidents – Exposure to harmful chemicals or extreme temperatures commonly results in workplace accidents that lead to chronic and dire health conditions.
Common Injuries Caused by Workers’ Compensation Accidents
Workers’ compensation accidents often leave a person suffering from devastating injuries that leave long-term negative impacts on their health.
Common injuries incurred during an accident at work are:
- Fractured bones – People often suffer hairline fractures or shattered bones as a result of a workplace injury involving a fall or heavy machinery.
- Crushed body parts – Large and heavy machinery falling on someone or compressing around their body often results in the person suffering from crushed body parts, which can lead to amputation.
- Strains and sprains – Muscles, ligaments, and tendons can overstretch or overextend during an accident, leading to multiple forms of soft tissue damage in a body.
- Ruptured discs – Dangerous falls and other injuries on the job can cause severe injury to a person’s back, often resulting in ruptured and herniated discs.
- Spinal cord injuries – Another extreme injury caused by workplace accidents is spinal cord injuries, potentially leading to paralyzation and premature death.
- Traumatic brain injuries – People commonly hit their heads during a workplace accident. Head injuries often lead to cognitive impairment, sometimes resulting in dramatic long-term brain injuries.
- Internal organ damage – Internal bleeding and other internal organ injuries occur as a result of traumatic accidents, usually leading to severe adverse health implications.
- Burns – Fires and explosions create traumatic workplace accidents that often result in a person suffering mild to severe burns.
- Electrocution – Hazardous wiring at a place of work can result in a person getting electrocuted.
- Vision or hearing loss – Accidents at work can leave workers unable to see and hear, temporarily or permanently.
- Repetitive stress injuries – Some workplace injuries happen over time and do not result from an accident. Repeatedly stressing a body part can result in a devastating long-term injury.
- Toxic exposure – Exposure to harmful substances on the job can create long-term health implications for a person, often resulting in cancer or other chronic diseases.
- Fatalities – Not all people survive work-related accidents. Some people die on the scene, while others later succumb to their injuries.
Workers’ Compensation Accident Injuries in Indianapolis
The Indiana Department of Labor, Quality, Metrics, and Statistics Division revealed in a study that approximately 73,800 Indiana workers suffered a reportable workplace injury or illness in one recent year.
The data showed that more than half of the reported injuries and illnesses required employees to take at least one day off or work with restrictions.
According to the U.S. Bureau of Labor Statistics (BLS), an estimated 5,500 workplace-related fatalities took place in the United States in one recent year. The BLS calculates that a person dies every 96 minutes from a work-related injury.
The highest fatality rate was for people working in transportation and material moving occupations, followed by those who worked in construction and extraction.
What Are Workers’ Compensation Benefits?
Workers’ compensation is an employer-based accident insurance policy that provides medical, rehabilitation, and lost income benefits to injured or ill employees. When an employee suffers a fatality on the job, the workers’ compensation benefits could be paid to the person’s dependents.
Indiana state law requires all businesses to maintain proper employee workers’ compensation benefits insurance.
Workers’ compensation benefits in Indiana include
- Medical benefits – Workers’ compensation could cover any medical treatments, rehabilitation, or additional medical expenses that arise as a result of your workplace injury or illness.
- Disability benefits – Wage replacement benefits could be provided for a partial or total disability incurred on the job, either temporarily or permanently.
- Impairment benefits – Impairment benefits apply when a person suffers the loss of a body part or bodily function.
- Vocational rehabilitation benefits – If you cannot continue your current line of work due to an injury or illness endured on the job, then you could qualify for vocational rehabilitation benefits to cover the cost of learning a different trade suitable for your new medical and health situation.
- Death benefits – In the unfortunate cases where a person suffers a fatality on the job, that person’s dependents can receive a death benefit.
Why Was My Workers’ Compensation Claim Denied?
An employer or insurance agency can deny a workers’ compensation claim in Indiana if one or both parties do not believe your claim is valid.
Below are common reasons for the denial of a workers’ compensation claim.
Injury Was Intentional
Workers’ compensation benefits are not paid for intentional injuries on the job, meaning that the injured employee knowingly and willingly injured themselves at work.
The party will most likely deny the workers’ compensation claim if the employer or insurance agency can prove the employee’s injury was intentional.
Pre-Existing Injury
Injuries that existed before a work-related accident and were not made worse by the accident are not eligible for workers’ compensation benefits.
If an employee gets injured at work and tries to include a pre-existing condition in their workers’ compensation claim, the insurance agency may deny their claim.
Elects to Not Use Safety Equipment
Safety equipment is provided or required on specific jobs for a reason. If an employee voluntarily elects not to use required or provided safety equipment for a task and gets injured, their workers’ compensation claim can be denied.
Disobeys Posted Rules or Company Policies
Companies often have safety rules and policies posted for their business. If an employee intentionally disregards these written rules and guidelines and is injured, they risk having their workers’ compensation claim denied.
Injured Under the Influence
Injuries at work that are a result of the employee being under the influence of drugs or alcohol are not eligible for workers’ compensation benefits.
An employee or insurance agency will deny your claim if they can demonstrate that your workplace injury was the result of intoxication or drug use at work.
Injured While Not Performing Official Work Duty
Some employees regularly have fun at work by participating in activities that are not officially considered part of the job, such as playing practical jokes or having hijinks with associates.
If an employee is injured at work while behaving in a manner they should not be, the employer and insurance company will likely deny their workers’ compensation claim.
You can appeal a denied workers’ compensation claim. If you or your loved one had a workers’ compensation claim denied, contact a trusted workers’ compensation attorney today to get your case appealed.
How Do I Appeal My Workers’ Compensation Claim Denial?
Most people feel frustrated and disappointed when they find out their employer or the insurance company denied their workers’ compensation claim. Because of their workplace injury, they are suffering through physical pain, emotional distress, and mounting financial burdens.
Most people find appealing a denied workers’ compensation claim overwhelming because the appeals process can be complex and challenging.
Working with a skilled and experienced workers’ compensation attorney in Indianapolis will increase your chances of managing a successful claim appeal while protecting your rights.
Your trusted legal team will:
- Apply for an adjustment of the claim with the Workers’ Compensation Board of Indiana.
- Manage the negotiation with the ombudsperson and your employer or employer’s insurance company to try and find a resolution on the initial denial of your workers’ compensation claim.
- Gather all necessary evidence to demonstrate the physical, emotional, and financial suffering caused to you and your loved ones by your workplace injury or illness.
- Assertively represent you and advocate for your case through the pre-trial conference and claim hearing, if necessary.
- If the appeal does not succeed, they will file a further appeal to the Workers’ Compensation Board of Indiana, then to the Indiana Court of Appeals, and finally the Supreme Court of Indiana.
- Clearly communicate, thoroughly prepare, and diligently guide you through the appeals process.
The unyielding attorneys at Klezmer Maudlin PC have years of experience managing workers’ compensation cases and appeals for our clients. Call us today for your free, confidential consultation, and let us help you get the justice you deserve on your claim appeal.
Why Choose Klezmer Maudlin PC
Founded by Randal Klezmer and partnered by Nathan Maudlin, Klezmer Maudlin PC has served its local Indiana communities for over 25 years. We devote our unwavering and compassionate skill sets to helping injured workers manage their claims and settlement processes.
Our team of passionate attorneys prides itself on being assertive and persistent in our ability to advance our clients’ cases. We have used our combined decades of experience to handle more than 31,000 workers’ compensation claims for our Indiana neighbors.
We understand how devastating it can be to suffer an injury at work. Most people suffer physical injuries and emotional trauma that hinder them from being able to go back to work. Meanwhile, they have medical bills that start to pile up.
Choosing a solid and caring legal team to help you and your loved ones with your workers’ compensation claim will ease the stressful challenges of managing the claim yourself, allowing you to focus better on your health and well-being.
The attorneys at Klezmer Maudlin PC are here to help you.
We are well established in Indiana, serving our communities from Louisville to Indianapolis to Lafayette.
Our team has compassion and understanding for how challenging and unique everyone’s situation is, and we give you and your loved ones the personalized attention you deserve for your case.
We will persistently focus on getting you the help you deserve on your case while fighting to ensure your rights are protected throughout your claims process.
Our firm believes in not charging you any fees unless we recover compensation for your case, meaning there are no upfront costs for us to help you.
Our four Indiana locations are conveniently located in:
- Indianapolis – Near Sahm Golf Course on Center Run Drive
- Jeffersonville – A few blocks north of the Ohio River on Watt Street
- Lafayette – Two blocks east of the Wabash River on North 3rd Street
- Evansville/New Harmony – On North Street near Paul Tillich Park
Contact us today at (317) 569-9644 for your free, confidential case review at one of our many locations.