Workers’ Compensation FAQs

Workers Compensation

David Van Gilder has been practicing law since 1983. He is a graduate of Bowling Green State University and Washington College of Law, The American University.

Michael Setlak has been practicing law since 2002. He is a graduate of Purdue University, Fort Wayne and Indiana University School of Law, Indianapolis. Mike is also a member of the Allen County Bar Association Family Law Section.

If you have a question about a workplace injury, please call our offices and ask for Dave or Mike or their assistant, Jan.




How long can I wait before I file a claim?


The general rule is that you must file a claim with the Indiana Workman’s Compensation Board within two years of the injury. There are exceptions, but to be on the safe side, two years.


If I am injured at work, what is my employer required to pay?


Generally, under Indiana Workman’s Compensation laws, your employer is required to pay for your medical bills if injured while working, your time off work if longer than seven days, and a final settlement if a physician finds that you have a permanent impairment.


Does my employer have to pay for pain and suffering?


Employers are not required to pay for pain and suffering.


Can I sue my employer for my personal injuries beyond the Workman’s Compensation coverage?


Generally, no. If you are injured at work or in the course of your employment, your only remedy or course of action is under the Indiana Workman’s Compensation Statutes. if you can prove that someone other than your employer caused the injury, then you might be able to sue that party, including for pain and suffering.

Accessing the information on this website does not create an attorney-client relationship.

The materials and information on this web site are made available by Van Gilder & Trzynka, P.C. for informational purposes only and should not be considered legal advice. The transmission and receipt of information on the web site do not form or constitute an attorney-client relationship. This includes, but is not limited to, using the link on this web site to solicit information from Van Gilder & Trzynka, P.C. Persons accessing the information on this web site should not act upon the information provided without seeking profession legal counsel.

Indiana law provides that workers compensation is the exclusive remedy for an injured worker in an action against the employer. This rule is not as clear when multiple employers are involved, such as in cases where an employer hires a temporary employee from an employment agency. The Indiana Court of Appeals recently ruled that where there is a contract for temporary employment, both the employment agency and the hiring employer are considered joint employers under the workers compensation laws. Thus workers compensation law will be the employee’s exclusive remedy against both employers.

Our attorneys are available to discuss with clients the facts surrounding their employment and injuries to help them determine the remedies available to them.

Joint Employer Exclusive Remedy

Indiana law holds that where an employer or insurer has made workers compensation payments to an injured employee, it may attach a lien on any recovery the employee receives from a third party for his or her injuries. This is to ensure that the employee does not recover from both the employer and third party for the same injuries.

Our attorneys are available to discuss matters like this with injured employees in order to determine what their likely recovery will be in actions for workplace injuries.

Liens for Recovery from Third Party Defendants

A new Medicare law, effective July 1, 2009, may provide more issues for plaintiffs and defendants to deal with in workers compensation cases. The MMSEA provides for increased enforcement and collection of funds paid by Medicare and Medicaid from defendants and their insurance companies. Because of the increased enforcement and fines involved with violating the MMSEA, the new Act may make it more complicated to settle some workers compensation cases.

Our attorneys have experience in applying new laws like the MMSEA to clients’ cases and are available to discuss how they apply to a client’s specific case.

  • Van Gilder & Trzynka, P.C.
    436 East Wayne Street
    Fort Wayne, IN 46802
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    435 Ann Street
    New Haven, IN 46774
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  • Phone: 260-424-8132
    Toll Free: 888-255-7910
    Fax: 260-969-5361