Indiana Worker’s Compensation Attorneys
The Indiana Worker’s Compensation Act (“WCA”) (I.C. § 22-3 et. seq) provides the exclusive remedies for employees who are injured by accident arising out of and in the course of employment. The purpose of the WCA was to protect “employees” who were engaged in industry and creates a right of recovery regardless of whether there is any fault on behalf of the employer. The WCA limits the recovery options for those “employees” whose claim falls within the scope of the act to those damages that are prescribed in the act itself. For example, the employee would not be able to bring a personal injury claim based on negligence against their employer and would need to proceed through a worker’s compensation claim.
Even though the Act may prohibit a negligence claim against an employer, it may still be possible to pursue a negligence claim against a third party as well. The availability of a third party claim will be dependent on the facts and circumstances surrounding the injury.
The issue of whether an individual would qualify under the act is very fact sensitive. The WCA provides guidance in terms of who will qualify under the WCA by providing definitions of “employee” and “independent contractor”. Prior cases which have been litigated also provide a great deal of guidance on many of these issues. The factual circumstances surrounding worker’s compensation claims can vary greatly and it is important to seek the advice of an attorney who is knowledgeable in the area in order to evaluate your claim.
Recovery under the WCA in Indiana is defined within the WCA. There are several differences between what you could recover in a typical personal injury suit and what is recoverable in a Worker’s Compensation claim. For example, if your claim would fall under the WCA there could be no claim for pain and suffering. The Worker’s Compensation Attorneys at Vanderpool Law Firm are here to maximize any recovery you are entitled to.