Workers’ compensation benefits in Indiana are governed by statute. The statutes are set out in the Indiana Workers’ Compensation Act. A worker in Indiana who is injured on the job, except for unusual circumstances, is not able to sue his or her employer, but instead must accept workers’ compensation benefits. Indiana workers’ compensation benefits extend generally only to a portion of wages lost due to the work-created disability, money for permanent impairment, and medical costs and prescription costs. However, if you are an independent contractor, or hurt by the employee of another contractor at a work site, and not a co-worker employed by your employer, you may have additional rights and additional parties to sue to recover for the harm you have suffered in a work related accident.
Your rights are complicated, for example, you cannot obtain compensation for pain and suffering from your employer, but you may be entitled to such damages from contractors at a work site if negligence can be proven. If you have a construction injury, and think you have a workers’ comp claim, the smartest thing to do is to consult an attorney to discuss your legal rights.
If you have been involved in a work injury incident, please call and speak with one of our Merrillville workers’ compensation construction lawyers.