Workers Comp Overview
Before the enactment of the Indiana Worker’s Compensation System, an employee could receive worker’s compensation benefits if and only if the employer was considered to be at fault. Under this system, if it was established the employee was somehow at fault, the employee did not receive medical expenses or lost wages. For example, suppose an employee failed to wear the safety goggles furnished by his employer as a safety appliance. Under the prior State of Indiana law, if this employee suffered an eye injury, he/she would not receive Worker’s Compensation Benefits.
However, under the current Indiana Worker’s Compensation Act, fault is not relevant. Today, if your work place accident occurs due to your own fault or the fault of your employer, you are entitled to Worker’s Compensation Benefits. Generally speaking, Worker’s Compensation Benefits, include:
- Payment for medical expenses
- Lost wages (called temporary total disability benefits)
- A settlement if the employee suffers a work place injury that becomes permanent. Catastrophically injured worker’s can also recover additional worker’s compensation benefits referred to as permanent total disability benefits.
How do we charge?
Our office will not charge for a consultation. If you decide to hire us, we charge no fee up front. Our attorney fee is set by Indiana law and Indiana law limits our fee to 20% of any recovery up to $50,000.00. For recoveries above $50,000.00, our fee is limited to 15% of any monies recovered above $50,000.00. With limited exceptions, we also will collect our out-of-pocket expenses from the recovery and not from you. If you hire us with an offer already given to you, we will typically agree not to charge an attorney fee unless we recover additional money. For example, if you hire us with an offer already of $5,000.00 and 3 months later we tell you we can only get you $5,000.00, we will typically not charge you. We will discuss this in more detail at the initial meeting and put our agreement in writing.

