Summary
In Indiana, workers compensation typically covers work-related injuries, even with pre-existing conditions. However, claims can be challenged, especially with prior medical history. If denied, you may consider a negligence lawsuit, particularly if the area was not maintained. Document evidence, including photos and witness statements, and consult a personal injury attorney. It usually takes 2-4 weeks to hear back from workers compensation. Ensure all medical records are submitted promptly and maintain communication with HR and the insurance company. Workers compensation should cover medical bills and surgery costs for work-related injuries. Consider consulting a workers compensation attorney for guidance, especially if financial concerns arise.Full Conversation
I fell at work this morning by slipping on ice. I work in Indiana. I hurt my shoulder and went to the ER. HR is working on workers comp, but can they deny it? I have a pre-existing condition and had shoudler surgery in *.
In Indiana, workers' compensation generally covers injuries sustained at work, even with pre-existing conditions. However, insurers might scrutinize the claim more closely due to your previous shoulder surgery. Make sure to submit all medical records and documentation.
Have you informed your employer about your pre-existing condition and the previous surgery?
I did, but they are working on filing the claim today. If they deny the claim, can I sue for slip and fall? Since the parking lot wasn't salted in that area?
In Indiana, if your workers' compensation claim is denied, you may have the option to sue your employer or the property owner for negligence, particularly if the parking lot wasn't properly maintained (e.g., not salted). Document everything and consider consulting with a personal injury attorney.
Have you taken any photos of the area where you fell?
Yes, I have photos and a witness.
That's good to hear you have photos and a witness. This evidence can be crucial if you need to pursue a claim for negligence.
- Ensure that all evidence is well-documented and kept safe.
- Consult with a personal injury attorney to explore your options if the workers' comp claim is denied.
Do you have any other questions or concerns regarding your situation?
How long does it take to hear from workers compensation? I saw my orthopedic surgeon a couple of months ago, he said I may have to have surgery again on that shoulder. I'm afriad this fall mayhave sped up the process.
In Indiana, it typically takes *-* weeks to hear back from workers' compensation after filing a claim. Delays may occur depending on the complexity of the case.
- Ensure all medical records, including recent updates, are submitted promptly.
- Follow up with HR and your insurance company regularly.
Do you have any additional medical updates since your fall?
I have subloxation of the joint, but that was happening a couple of months ago, but now there is significant pain.
It sounds like you have a strong case, given your evidence and the nature of your injury. Here are some things to keep in mind:
- Make sure to keep all medical records updated and submit them to your workers' comp claim.
- Continue documenting any pain and medical treatments.
- Keep communication lines open with HR and the insurance company.
Have you considered getting a second opinion from another orthopedic surgeon to further document any changes in your condition?
Can my employer still deny or challenge the claim?
In Indiana, your employer or their insurance may challenge your workers' compensation claim, especially given your pre-existing condition. However, strong evidence and thorough medical documentation will support your case.
- Continue to gather and submit comprehensive medical records.
- Keep detailed records of communications with HR and the insurance company.
Have you consulted with a workers' compensation attorney to assist you in this process?
No I have not. I don't have the money for that. I can still go back to work on Monday. I'm just concerned about the bill from the hospital visit today, and paying for surgery if I have to have it. Will workers compensation pay for that?
In Indiana, workers' compensation typically covers medical bills and surgery costs for work-related injuries, even if you have a pre-existing condition. Ensure you submit all relevant medical records and documentation to strengthen your claim.
Have you received any updates or bills from the hospital yet?
Not yet.
Given the complexity of your situation and the potential for challenge due to your pre-existing condition, it's crucial to:
- Maintain updated and thorough medical documentation.
- Keep all communication records with your HR and insurance company.
- Consider a consultation with a workers' compensation attorney for guidance.
Would you like further information on finding a workers' compensation attorney who offers free consultations?
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