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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 110442
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Hello, I am from IN, had a patient try to break my arm 4/12,

Customer Question

Hello, I am from IN, had a patient try to break my arm 4/12, saw MD for complaints on 4/25 - returned to work no restrictions, worked in s lot of pain, following night while moving patient up pain increased. ER physician took off work 2 days and told me I had acute carpal tunnel injury, returned to occ. health on Thursday, numbness, tingling, severe pain wrist, palm of hand, thumb index and middle fingers. Said I could work with restrictions, I called in, no possible way, returned again, same restrictions, symptoms worsening, scheduled therapy, and ortho appt. Therapy eval determined extensive decrease in strength, seen ortho on 5/14 injected with cortisone, hold on therapy off work, next appt. June 4th. I only started working at job 1/14/2013 and ended up off work with illness/surgery from 2/18 - 4/11. TTD figured by using net income of pay week prior to accident. This seemed wrong. My AWW is 1054, they figured at 618. Any suggestions?
Submitted: 3 years ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under Indiana workers compensation law, benefits are paid at 60% of the base bi weekly gross wage at the time of the injury before taxes and insurance. This means that your amount should be $632 before taxes and insurance. See: IC-22-3-1-1 through IC 22-3-12-5.

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Customer: replied 3 years ago.

I already knew that and it is actually 66 2/3%. Service not worth it! Want a refuns

Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your wonderful rating. We asked you to use reply to expert to respond with follow up questions and we are happy to work with you. You have been provided with the Indiana state code, and I apologize that the 60 was a typo it is 66.666%, but if you wanted more you only have to ask. You asked if your pay was calculated correctly, we gave you the Indiana code stating what the calculation is legally supposed to be, but we have no idea of knowing what more you need unless you tell us (however, the Indiana code is not our fault). They made a mistake and you have to file a written appeal with them, since it should be of your bi weekly wage at the time of injury. It has been a pleasure working with you and I wish you the best in your case.

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