Comments Off on Be Honest About Your Workplace Injury

Be Honest About Your Workplace Injury

October 18, 2017

Workplace injuries can be painful, debilitating, and disabling. In fact, the pain or reduced range of motion you experience after your accident can be severe enough to keep you from returning to work for weeks or even months. Workers’ compensation is designed to provide a temporary replacement income to injured workers like you, but many people who get hurt on the job are denied the benefits they deserve.

At Stewart & Stewart, our Indiana workers’ compensation lawyers have helped many people just like you who were injured while working. Throughout our experience, we’ve found that victims who are honest from the moment their injuries occur are more likely to have their claims approved and get maximum compensation.

You can be honest about your workplace injury in these two ways:

  • Don’t exaggerate your injury. Workers’ compensation benefits are available to employees who suffer a variety of on-the-job injuries, provided their injuries prevent them from working. If you exaggerate the severity of your injury, you may jeopardize your chances of being approved for benefits—especially if a medical examination reveals you aren’t as seriously injured as you claim.
  • Don’t downplay your injury. Medical examinations can’t always detect lost range of motion or severe pain. Make sure that your employer, your doctor, and your attorney understand the severity of your injury. Downplaying the accident or trying to “work through” the pain can lead to complications, additional injuries, and the denial of your workers’ compensation claim.

Were you or someone you love recently hurt on the job? The lawyers at Stewart & Stewart are familiar with Indiana’s workers’ compensation system, and we want to help. Get in touch with us today—our consultations are always free.

Comments Off on Fired Because of Discrimination or Retaliation? You Need Legal Representation.

Fired Because of Discrimination or Retaliation? You Need Legal Representation.

October 11, 2017

Indiana is a “right to work” state. That means both employers and employees have the right to end employment at any time and for any reason. However, there are important exceptions to this law.

The federal government protects all employees in the United States from being fired for a variety of reasons, including:

  • Their race, religion, sex, or national origin
  • Their age
  • Their disability status, marital status, political affiliation, or sexual orientation

Employers are also forbidden from firing employees as a means of retaliation for whistleblowing or filing workers’ compensation claims. Despite federal laws protecting employees from wrongful termination, it still happens frequently in Indiana and throughout the country.

If you were unjustly terminated by your employer, there are two steps you can take:

  • Notify the U.S. Department of Labor – The U.S. Department of Labor (DOL) oversees the enforcement of federal employment laws. If you were terminated for a reason that violates any of those laws, the DOL may be able to help you.
  • Contact an Indiana wrongful termination lawyer – You can also file a private claim against your employer with the help of an experienced law firm. At Stewart & Stewart, we know how to collect powerful evidence to prove a termination was unjust or even illegal.

When you’re out of work, you lose your paycheck and your livelihood. Don’t wait another day to get the representation you and your loved ones deserve. Call today for a free consultation.

Comments Off on 4 Common Types of Medical Malpractice

4 Common Types of Medical Malpractice

October 04, 2017

You trust your nurses, doctors, or surgeons to provide you with the best possible care when you’re sick or injured. All healthcare professionals, regardless of their training or level of expertise, make mistakes from time to time. But when medical mistakes are caused by negligence, patients may have legal rights to compensation for their damages.

Healthcare providers are held to high standards due to the impact their work has on the lives of other people. They are supposed to follow a rigorous system of documentation and double-check their work. When healthcare providers fail to do that, patients can suffer serious injuries or health complications.

Four common types of medical malpractice include:

  • Surgical mistakes – Damaging nerves, uncontrollable bleeding, leaving foreign objects inside patients’ bodies, and operating on the wrong body part or patient are devastating surgical errors.
  • Misdiagnosis – Fast and accurate diagnosis is essential for helping patients recover from illnesses. When physicians fail to make a correct diagnosis, proper treatment is delayed.
  • Medication mistakes – Whether the medication is administered in a clinic or prescribed and taken at home, giving a patient the wrong medication or a dose that’s too large or too small can be extremely harmful.
  • Pregnancy or childbirth mistakes – Women and their unborn children can be seriously harmed if doctors make mistakes during any stage of pregnancy or birth.

Have you or a loved one been injured or had your health compromised by a negligent healthcare professional? If so, the Indiana medical malpractice lawyers at Stewart & Stewart want to speak with you. It’s our goal to help families like yours get the compensation they deserve. Call today for a free consultation.


Don’t Make These Common Workers’ Compensation Mistakes.

September 27, 2017

Most businesses in Indiana have workers’ compensation coverage for their employees through the Worker’s Compensation Board of Indiana. As an accident insurance program, the system is designed to pay employees medical, rehabilitation, and income benefits if they get hurt on the job.

Workers’ compensation is available to employees of any company that’s required to purchase the insurance, but some employees who get hurt on the job unknowingly jeopardize their chances of receiving benefits.

At Stewart & Stewart, we’ve helped many hurt workers get benefits over the years, and we know that it’s possible to maximize your chances of approval by avoiding these common mistakes:

  • Waiting too long to report your accident or injury – Being approved for benefits requires conclusive evidence that your injury happened at work. If you wait too long, evidence can disappear and it can be more difficult to link your injury with a work-related accident.
  • Exaggerating or lying about your injury – There’s no reason to exaggerate, embellish, or lie about your injuries or their severity. Many injuries can keep workers off the job for long periods of time, but lying about any aspect of your injuries or the accident can make you ineligible for benefits.

When it comes to getting workers’ compensation benefits, being prompt and being honest throughout every step of the process are essential. Our Indiana workers’ compensation lawyers can further maximize your chances of getting the benefits you deserve, but you need to act fast. Call today for a free consultation, and let us start working on your behalf.


How Can an Attorney Help with Your Nursing Home Abuse Claim?

September 20, 2017

Nursing home abuse is tragic and heartbreaking, and it happens more often than we realize. Whether it’s caused by understaffed facilities or negligent care providers, residents who are neglected or abused often suffer serious health effects that can put their lives at risk.

Finding out that your loved one received subpar care or was neglected by their healthcare providers is devastating, and you want answers. At Stewart & Stewart, we fight for the rights of both abused and neglected residents and their loved ones, and it’s our goal to help them get both closure and compensation for violations of their health and trust.

Our Indiana nursing home abuse lawyers know what it takes to build a strong case, and we know how to:

  • Prove your loved one’s rights were violated. All Indiana nursing home residents are protected by the state’s Nursing Home Resident’s Bill of Rights. It includes things like the right to be informed, the rights to privacy, dignity, and respect, and the right to voice grievances. If any of those rights were violated, the nursing home can be held liable for injuries or illnesses that occur.
  • Stand up to the nursing home and the insurance company. Many nursing homes are owned by large corporations that oversee dozens, if not hundreds of similar facilities throughout the country. They’re well-protected from abuse claims, and that can leave many families feeling like they have no recourse. But our legal team knows how the corporations work, and we know how to collect evidence that proves your loved one was abused or neglected.

Get the one-on-one attention and dedication that your nursing home abuse claim requires. Get Stewart. Call today for a free consultation.


Proving the 4 Required Facts in Medical Malpractice Claims

September 13, 2017

When a person is injured or becomes ill after receiving medical treatment or attention, they may be able to file a claim for medical malpractice. But to have a valid case, four facts must be proven: an injury occurred, a doctor or hospital was responsible for providing care, a doctor or hospital caused the injury, and a doctor or hospital failed to provide a level of care consistent with acceptable medical standards.

On the surface, proving those four facts may seem simple, especially when patients are seriously injured while under the care of physicians and other healthcare providers. But hospitals and private clinics are adept at protecting themselves from medical malpractice cases, and obtaining evidence can be difficult.

At Stewart & Stewart, we assist injured patients by:

  1. Establishing that the injury occurred – Medical records and expert testimony can help establish that your injury occurred when you received medical treatment and that it wasn’t due to an unrelated illness or accident.
  2. Establishing that the doctor or hospital provided care – Again, collecting medical records and charts, as well as hospital admission dates, can serve as valuable evidence to prove that you received care on the date the medical malpractice occurred.
  3. Establishing that the doctor or hospital caused the injury – Injuries that are consistent with a specific procedure or mistakes during the procedure can be traced back to a specific admission date at the hospital or treatment at a private clinic.
  4. Establishing that provided care wasn’t up to standards – Healthcare providers are supposed to follow strict routines and processes and document the steps they take. If they fail to do so, patients like you can suffer serious injuries.

Our Indiana medical malpractice lawyers know what to look for when patients are harmed by healthcare providers, and we know how to build claims that get results. Contact us today for a free consultation.


Who Should You to Talk to After a Workplace Injury?

September 06, 2017

Were you recently hurt on the job? If so, you may be dealing with severe pain and disability. This can create an uncertain future for you and your loved ones, especially if you’re afraid that you might not be able to go back to work and earn the paycheck you depend on.

Thankfully, injured workers like you aren’t without recourse. Indiana’s workers’ compensation system allows hurt employees an opportunity to file claims to get a percentage of their income replaced while they recover from their injuries. But to be eligible, injured workers must take the right steps, including talking to the right people.

There are two people you should talk to right away after a workplace injury:

  1. Your supervisor – You must report the accident to your supervisor as soon as possible to be eligible for workers’ compensation. Reporting your injury not only formally begins the workers’ compensation process, but it can also make your supervisor aware of potentially dangerous equipment or working conditions.
  1. An experienced Indiana workers’ compensation attorneyUnfortunately, getting approved for workers’ compensation is rarely a cut-and-dry process. There are many pitfalls and red tape that stand in the way of you and the benefits you deserve. Having an attorney on your side levels the playing field and frees you up to focus on your recovery.

Whether you’re talking to your supervisor, a workers’ compensation representative, or your attorney, it’s important to always tell the truth about what happened. Facts are your best weapons when it comes to getting money for your injury.

Don’t wait to get the help you need. Contact Stewart & Stewart today for a free consultation.


Common Causes of Nursing Home Abuse and Neglect

August 30, 2017

Finding out that your loved one received subpar care at a nursing home is bad enough, but in some cases, residents are ignored by staff or even physically and emotionally abused by the people who are supposed to care for them.

Nursing home abuse and neglect aren’t just violations of your trust and your loved one’s rights–they’re also violations of state law. All nursing home residents in the state of Indiana are protected by a patient bill of rights, which includes the right to be free of abuse, neglect, exploitation, and seclusion, among many other rights.

At Stewart & Stewart, we’ve helped many abused and neglected nursing home residents and their families get compensation for what they’ve gone through, and we know that there are two common factors in many of those cases:

  • Understaffing – Nursing homes may have hundreds of residents at any given time, all of whom need close supervision and frequent medical attention. To meet that demand, nursing homes must staff dozens of healthcare professionals. But some facilities try to save money by understaffing and stretching employees too thin, rendering patient care ineffective and even neglectful.
  • Lack of background checks – It’s vital that employees who work in nursing homes and play a role in the health and well-being of residents be trustworthy and competent. Background checks can help nursing home facilities find the best candidates for the job, but this step may be skipped to fast-track hires to fill open positions—creating the potential for neglect and abuse.

If you suspect your loved one isn’t receiving proper care at their nursing home facility, get in touch with our Indiana nursing home abuse attorneys. We may be able to help prove abuse or neglect to maximize your chances of getting compensation for your loved one. Call today for a free consultation.


Dog Bite? You May Be Entitled to Compensation.

August 23, 2017

Although rare, dog bites happen more often than you may think. If you or someone you love was bitten by a dog, you may not think much of it at first, but what seems like a minor injury could soon develop major consequences.

Because dogs have long sharp teeth, their bites can transfer huge amounts of bacteria deep into the skin. This can overwhelm the body’s immune system, putting victims like you at risk of suffering serious infections at the location of the bite or throughout the body. In some cases, infections caused by a dog bite can be even be fatal.

In addition, dogs’ sharp teeth can also cause muscle, ligament, and nerve damage, resulting in reduced mobility and even paralysis of the affected part of the body.

At Stewart & Stewart, we know Indiana’s laws regarding dog bites. We can build a claim designed to get you the money you deserve, including compensation for:

  • Medical bills – Serious dog bites require immediate medical attention. In severe cases, victims may even need prolonged stays in the hospital, surgery, and physical rehabilitation.
  • Lost wages – Dog bite victims may have difficulty using their arms, hands, fingers, legs, or feet. These injuries can make it difficult or impossible for them to go back to work, resulting in lost income.

If you or a loved one were the victim of a dog bite, don’t take the situation lightly. Get to the doctor right away, and get in touch with an experienced Indiana dog bite lawyer to protect your rights. Call or fill out our online form to get a free, no-obligation consultation with our legal team today.


Safety Gear Makes All the Difference in Motorcycle Accidents

August 16, 2017

Summer will begin winding down soon in Indiana, and that means cooler temperatures and perfect riding weather are on the way.

If you’re heading out to ride on the state’s highways and interstates, it’s important to drive defensively and outfit yourself in the right gear. As a motorcyclist, you lack the same protection that drivers and passengers in vehicles get, and unless you’re properly equipped, you’re especially vulnerable to suffering critical and life-threatening injuries.

At Stewart & Stewart Attorneys, our Indiana motorcycle accident lawyers know that full riding gear helps protect motorcyclists from injuries in a variety of ways:

  • Full-face helmets protect the face, head, and brain. With full-face helmets, riders are much less likely to suffer potentially fatal head injuries that are commonly seen in motorcyclists who either don’t wear helmets or who wear half helmets.
  • Riding jackets and pants protect from road rash. Even the thickest “normal” clothing is no match for the surface of the road when you contact it at high speed. Riding jackets and pants are designed with durable material that will protect your skin during an accident.
  • Gloves and boots protect hands, feet, fingers, and toes. Injuries to the extremities are common during motorcycle accidents. In some cases, victims may even lose fingers or toes due to severe road rash or from impact with the ground. Heavy-duty gloves and riding boots that cover the ankles protect the extremities and can prevent amputation.

While riding gear can help reduce the severity of injuries, it can’t always prevent them. If you or someone you love was hurt in a motorcycle accident that was caused by another person’s negligence, you may be eligible for compensation. Contact us today for a free consultation to discuss your accident—we’re here to help.