Can I get more than just two-thirds of lost wages?

by Carey

I slipped on a wet floor at work. The floor had been freshly mopped and there were no wet floor signs anywhere. I fell broke my ankle all the way through, and required 1 surgery with multiple plates and pins. I will be in a hard cast for 8 weeks.

I feel the company was negligent and that I should be getting my full wages, not my partial wages. I was out of work for 4 weeks, but I am not happy with just the payment of medical bills and 2/3 of my pay. This was not my fault. It is very inconvenient and uncomfortable, and I have had to pay for things I would not normally have to pay for (ex. someone to mow my grass).

Am I eligible only for workman's comp, or can I get a bit more money for the other inconvenience? If so, how do I get that extra money? In the end, I will have had to have 2 surgeries. I want my full pay for my weeks out. I live in Indiana. Any advice would be appreciated. Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I get more than just two-thirds of lost wages?":

Carey (Indiana):

Unfortunately, in the State of Indiana, under workers' compensation law you are entitled only to statutory compensation for your injuries.

Statutory compensation will only include about two-thirds of your lost wages, all your medical and chiropractic bills, and out-of-pocket expenses (for medications, costs of travel to and from treatment, trips to the pharmacy, and like expenses directly related to your injury).

You are not entitled to compensation for your pain and suffering, otherwise known as mental anguish or emotional distress.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Fall at Work Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: