Indiana Worker’s Compensation Claims

With a few, limited exceptions, an employer who is injured on the job in Indiana will have medical care provided to him or her by his or her employer until the employee is released to return to work. The employee may also be entitled to receive some or all of their normal wages if they are unable to work. These benefits may be provided by the employer, an insurer, or some combination of the two.

If an employee is injured by a third-party while working (i.e., “in the course and scope of employment”), the employee may be able to file a lawsuit for the injuries, as well. An example of this would be if a delivery driver is involved in a collision while on the job. That driver may have their treatment provided by the employer but also pursue a lawsuit against the other driver. If that occurs, the employer or its insurer that paid for the employee’s treatment may assert a lien against any recovery that the employee may obtain in the lawsuit. The reason for this is straightforward – while the employer or its insurer has a statutory duty to provide medical care for its employee, if another person or entity is liable for the incident that caused the injury, the employer or its insurer is entitled to recover the payments made for the employee’s care, less its share of the “reasonable and necessary costs and expenses” that the employee accrues by bringing the claim against the third-party.

If such a situation occurs, the parties involved in the lawsuit are likely to receive notice of a worker’s compensation lien. This puts them on notice that the employer or its insurer intends to recover its payments, and requires the parties to communicate with the employer or insurer during settlement negotiations and after trial, if applicable.

The attorneys of McNeelyLaw LLP have experience in dealing with worker’s compensation liens and other types of liens that you may have to face if you have been injured. Contact us today at (317) 825-5110 for an assessment of your situation.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.