Legal Question in Workers Comp in Indiana
Hi I work inside an Iron Foundry, making cast iron brake drum and brake rotors. Back on May 13, I was involved in a work related accident. I suffered extreme 2nd degree and minor 3rd degree burns to my body...don't know an exact percentage off hand but my whole left side caught it pretty good. I have been off on workmans comp ever since the accident and they have paid all medical, reimbursed me for prescriptions and milage to and from burn clinic. Today on July the 7th, I returned to work on light duty, working in the front office doing paper work. I will be doing that for another month and then if cleared by the doctor, returned to FULL DUTY. Since, I have been off...I have got weekly checks from the insurance/ workmans comp for around $450-550 a week. But, I have been going slowly broke. I was told today that I also have to pay back almost $300 for my insurance while I have been off so they are taking $50 a week from me now. While on light duty, I'm only paid my base rate of just under $11.50 an hour for 40 hours a week. We are incentive based pay down there so my weekly income varies but it's somewhere between $650-$1000 after taxes and deductions come out. We typically work 48 hours a week/12 hour shift. Point being in all this...besides going broke with a wife and two children, one a 4 month old, is I was told today that most likely I will not be entitled to any sort of settlement after this is all over an I'm released to full duty. I need some advice...never hurts to ask. Am I entitled to something? I'm not asking for hundreds of thousands of dollars. But back pay or something would be nice....a few thousand would be okay. Do I even have a case if I am not offered a settlement? Do I have to be completely released from a doctors care before anything is even mentioned? Something else that might be interesting is I talked to the Safety Department today and was informed that I had some chemicals on my uniforms which they believed ignited and caused the fire. But, these are chemicals we get on us everyday and it never happened before. Furthermore, I was informed by the man in charge of Safety...that they chemicals which were on me were turned up on the machine...allowing more to be sprayed on the pattern than normal. In fact, after my accident occurred an I was en route to the ER, they tested my shirt and found this out and than went to the machine and reset the counter, lowering the amount of chemicals coming out. So, I'm seriously confused and slightly upset. Any information would be helpful. Just trying to see if I have any card to play. Please.
-Jared
1 Answer from Attorneys
So long as your gross earnings (before any deductions) averaged $975.00 or higher, you should have received $650.00 per week in TTD (Temporary Total Disability) for every week you were off. The Indiana Legislature placed $650.00 as a cap on TTD for all injuries occurring before 7-1-14. Now that you are on light duty, you are owed TPD (Temporary Partial Disability) which pays you 2/3 of the difference between what you were making and what you are making. TTD and TPD are non-taxable income. You owe your insurance contribution because it is illegal for your employer to deduct ANYTHING from TTD without a court order (e.g. child support).
You MUST be compensated for the permanent injury to your body. This is done by taking a PPI (Permanent Partial Impairment) rating from a physician and plugging it into the formula in the statute. A PPI rating cannot be given until you have achieved MMI (Maximum Medical Improvement). If you will require ongoing pain medication for neuropathic pain as many burn victims require, you should hire counsel.
You are welcome to contact my office for further advice:
Candiano Law Office
Charles J. Candiano
53 West Jackson Blvd.
Suite 1337
Chicago, IL 60604
(888) 373-9964 toll-free
(312) 465-2914 telephone
(312) 624-8184 fax
website: www.CandianoLaw.com
email: [email protected]
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