If you’ve suffered a workplace injury or illness in Indiana and are seeking workers’ compensation benefits, it’s important to understand the process and potential challenges.
While these benefits cover medical expenses and a portion of your salary, obtaining them can be complex.
Many workers face claim denials or disputes with insurance carriers.
Working with an experienced workers’ compensation attorney in Indiana can significantly improve your chances of a successful outcome.
If you’re concerned about the cost of hiring an attorney and how workers comp attorneys are paid, this article will provide answers and guidance on securing the benefits you deserve.
Indiana Workers’ Compensation Law Places Limits on Attorney Fees
Workers’ compensation attorneys in Indiana are subject to specific fee regulations.
According to Indiana law, these attorneys can charge a maximum of 20% on recoveries up to $50,000 and 15% on recoveries exceeding $50,000.
For instance, if your case settles for $80,000, the attorney would receive 20% of the first $50,000 ($10,000) and 15% of the remaining $30,000 ($4,500), resulting in a total attorney fee of $14,500, roughly 18% of the settlement.
Payment is Dependent on a Successful Case Outcome
Indiana workers’ comp attorneys only receive payment if they obtain a recovery, which means injured workers do not bear any financial risk when seeking legal assistance.
The Upfront Costs of Pursuing a Workers’ Compensation Case
Attorneys typically cover the costs associated with pursuing a workers’ compensation case.
In some cases, attorneys may ask clients to contribute to out-of-pocket expenses, typically when the chances of recovery are low.
No Fee for Consultation
If they charge for it, consider seeking an attorney who offers complimentary consultations.
Can Any Worker Apply for Workers’ Comp Benefits in Indiana?
In Indiana, most employees are covered by workers’ compensation insurance from their first day on the job. However, some exceptions apply:
- Railroad employees covered by the Federal Employers’ Liability Act (FELA).
- Agricultural employees working on farms or ranches.
- Independent contractors, self-employed individuals, and non-employees.
- Government employees may have separate coverage (e.g., Federal Employees’ Compensation Act).
- Licensed real estate professionals who primarily earn commissions.
- Household employees like housekeepers, gardeners, and nannies.
- Casual laborers with sporadic, unpredictable employment.
If you’re unsure about your eligibility for workers’ compensation, consult an attorney for guidance.