- General FAQs
- Auto Accident FAQs
- Dog Bite FAQs
- Worker’s Compensation FAQs
- Wrongful Death FAQs
- Libel/Slander FAQs:
- Product Liability and other FAQs
If you are dealing with a personal injury case, it is important that you are informed of your rights to ensure you make the best possible decisions. Our attorneys at Greene & Schultz Trial Lawyers are here to provide you with experienced, trustworthy representation in your time of need. We are committed to giving you the guidance and resources you need to protect your best interests, which is why we have compiled frequently asked questions and answers below.
Will I need to go to trial?
It depends on your unique case. The vast majority of personal injury cases are settled outside of court.
What defines “pain and suffering”?
Pain and suffering is physical injuries and the resulting mental and emotional pain. It can also be defined as the inability to function as you used to before the injury.
What will my settlement amount to?
Your settlement will depend upon liability, damages, and the source of collection. It will also depend on age, activities you can and can no longer do, medical bills, future working ability, injury prognosis, witness testimony, and other factors. Our attorneys know the compensation you deserve and will do everything we can to achieve it for you.
How should I handle my medical bills?
You can’t submit your bills to the insurance company of the person who caused your injuries. You will need to submit them to your own, relevant insurance companies (auto, health, workers comp, etc.). You will most likely receive a lump sum of money once your injuries have been evaluated, and your insurance company may be able to receive a repayment once the case is settled. An experienced attorney can help you navigate your insurance benefits and determine where to send your bills.
Auto Accident FAQ
What should I do when I’ve been in a car accident?
1. Call the police
2. Call for medical assistance
3. Take photos if you can
4. Call your insurance company
How should I handle car damages?
You should contact your vehicle insurance company immediately to determine how to proceed. If you don’t have collision coverage, the wrongdoer’s insurance company can help you resolve your vehicle damage. We can help you determine the cost of damages, which includes cost of repair, fair market value if the car is totaled, or loss of use or diminished value costs.
Worker’s Comp FAQ
I was hurt at work. What should I do?
Notify your supervisor immediately, even if you do not think the injury is serious. Ask them to complete an accident report and get a copy of it.
My employer won’t turn my claim in to worker’s comp. What should I do?
You may need to file a formal claim against your employer. The forms are available on the Indiana Worker’s Compensation Board’s website www.in.gov/wcb. If you aren’t sure what to do, call Greene & Schultz Trial Lawyers.
What is TTD?
TTD stands for temporary total disability. When a work injury temporarily disables you from working you may be eligible to receive a wage replacement benefit while you recover from your work injury.
How will my TTD rate be calculated?
To calculate your TTD rate, take your total earnings for the 52 weeks prior to your accident and divide by 52. This is your average weekly wage. Your TTD rate is 2/3 of your average weekly wage subject to a statutory cap. The cap depends on the date you were hurt on the job.
I don’t like the doctor that I was sent to through worker’s comp. Can I go to my own doctor?
The Indiana Worker’s Compensation Act allows the employer or its insurance company to choose the doctor for which it will pay. If you want to see your own doctor, worker’s comp will not pay for it.
What is a Nurse Case Manager?
A Nurse Case Manager is a Nurse that is hired by the insurance company to coordinate your medical treatment and report to the insurance company where you are in your treatment plan. A good Nurse Case Manager can be very helpful to your recovery but a poor Nurse Case Manager may attempt to interfere with or influence your medical treatment.
Do I have to let the Nurse Case Manager come to my doctor appointments?
Yes, but you do not have to allow them in the examination room.
What is MMI?
MMI stands for Maximum Medical Improvement. This is the point in your recovery that the doctor determines that additional medical care will not result in additional improvement.
What is an IME?
IME stands for Independent Medical Examination. If your TTD benefits are terminated because you have reached maximum medical improvement, you may be entitled to an IME for a second medical opinion from a doctor appointed by the Indiana Worker’s Compensation Board.
What is a PPI rating?
PPI stands for Permanent Partial Impairment. If you still have a loss of physical function after you reach maximum medical improvement you will receive a PPI rating. A PPI rating is a percentage number assigned by a doctor that represents your permanent loss of physical function.
What if I disagree with the doctor about my PPI rating?
You can get a second medical opinion from another doctor. Worker’s comp will not pay for this second opinion.
What if someone other than my employer is responsible for my work injury?
In addition to your worker’s compensation claim, you may have a legal cause of action referred to as a “third-party claim” against the party or parties responsible for your work injury.
I have an old injury that only began bothering me when I was injured at work. Will this injury be covered, even though it is a pre-existing condition?
Yes, if your work accident aggravated a pre-existing injury, it should be covered.
What benefits am I entitled to if I have a compensable work injury?
- Medical care paid for by your employer or its insurance company.
- TTD wage replacement benefits until the doctor returns you to work or you reach maximum medical improvement.
- A one-time lump-sum payment for any permanent partial impairment rating you received from your doctor.
My employer wants me to come back to work. Should I?
If your employer has work for you that meets the restrictions the doctor has given you, you should return to work.
What if I am injured at work and my employer does not have worker’s compensation insurance?
If your employer does not have worker’s compensation insurance, you can make a claim directly against the employer. Indiana law allows for penalties against any employer in Indiana who fails to carry worker’s compensation insurance.
What if my employer has a job for me that meets my restrictions but I do not take that job?
If you choose not to accept the light-duty position that you are offered, your wage replacement benefit (“TTD”) will be suspended.
Can I take a new job with a different employer while I am receiving worker’s compensation benefits?
Yes, but you will no longer receive TTD benefits.
Can I be fired for filing a worker’s compensation claim?
No. Indiana law prohibits an employer from firing an injured employee in retaliation for filing a worker’s compensation claim. If you believe that your employer fired you in retaliation for filing a claim, contact the Indiana Department of Labor to file a complaint. Your employer may, however, be able to fire you if you are unable to complete the duties of the job.
Do I have to claim worker’s compensation benefits on my taxes?
I have received a bill from the worker’s comp doctor. Do I have to pay the bill?
No. You are not responsible to pay for the medical treatment from the doctors or providers chosen by your employer or its insurance company.
What about my pain and suffering?
Indiana worker’s compensation law does not compensate injured workers for pain and suffering.
What is Permanent Total Disability?
Permanent Total Disability is when you are permanently disabled from working at any job. If you are permanently totally disabled, you are entitled to 500 weeks of TTD benefits. After 500 weeks, you may apply for additional benefits from the State of Indiana through the second injury fund if you are still totally disabled.
My restrictions prevent me from returning to my job. What should I do?
If you were injured on the job and cannot return to what you used to do, you may be entitled to Vocational Rehabilitation training from the State of Indiana. These services can include training you for different vocation.
My relative was killed on the job. Am I entitled to benefits?
If you are a dependent of the deceased worker, you may be entitled to benefits. If a deceased worker has no dependents, worker’s comp will still pay the medical expenses and up to $7,500.00 for funeral expenses.
Wrongful Death FAQ
What constitutes as a wrongful death?
A wrongful death claim can result from a negligent, careless, or reckless act. It can also include an intentional act, but insurance will not cover claims for intentional acts. The purpose of a wrongful death claim is to help the dependents of the deceased person who are now struggling with financial and emotional burdens and to procure justice for their loved one.
What is the statute of limitations for a wrongful death claim?
The statute of limitations is two years, starting when the incident occurred or when the injury was discovered. However, if the claim is against a government body, the claim needs to be filed within 180 days. That’s why you should contact a lawyer immediately if your loved one was killed due to another’s negligence, to avoid missing the deadline.
Who can file the wrongful death claim?
In Indiana, a spouse or dependent children can file the claim. If there is no spouse or dependent children, parents or non-dependent children can make the claim and receive limited benefits.
Product Liability & Other FAQ
What do I do if I know a defective product hurt other people?
If a defective product has hurt many people, they can form a mass tort lawsuit against the manufacturers and sellers.
What is a toxic tort?
This is personal injury case in which an injury or illness is caused by contact with a toxic substance.