Fort Wayne Injury and Disability Attorney Nathaniel Hubley

Recent Developments In Indiana Worker's Compensation Law When Temporary Total Disability Benefits are available to an injured worker who has been fired after sustaining the work-related injury. Under the Indiana Worker's Compensation Act , employers would typically be able to deny an injured worker temporary total disability benefits if the employer had fired the injured worker for a reason unrelated to the work-related injury. Contact a Fort Wayne Indiana Work Injury Lawyer For example, in many situations an injured worker would be off work undergoing treatment for the work-related injury and while doing so, would be receiving weekly temporary total disability benefits. These temporary total disabil ity benefits are essentially wage replacement benefits paid out at two-thirds of the injured worker's average weekly wage. However, when the employer would fired the injured worker for say failing a drug screen or for some other reason, the employer would take the p...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley Case Analysis: Everett Cash Mutual Ins. Co. v. Taylor, 926 N.E.2d 1008 (Ind. 2010). Facts of Case:   The Taylors are farmers who employed an independent contractor to paint a house, grain bin, and barn on their premises.  An employee of the independent contractor sustained injuries when he was shocked by an electrical wire and fell from a ladder.  The employee filed a workers compensation claim against his employer, but he ultimately learned that his employer did not possess workers compensation insurance.  He thus sought payment from the Taylors pursuant to I.C. § 22-3-2-14(b), which imposes liability on a person who hires a contractor without verifying that the contractor carries workers compensation insurance.  The Taylors had failed to verify this information from the independent contractor. Prior to this incident, the Taylors had purchased a farm personal lia...