Legal Question in Workers Comp in Indiana

Employee/Ind. Contr.

The distinction between employee and independent contractor is frequently litigated and I'm sure there are many precedents in Indiana law which elaborate on the particular factors which govern the issue in the context of a comp claim.

As an executive-level person, you must appreciate the need for professional representation. From your query, it sounds like you are trying to pursue this claim on your own, which is a BIG MISTAKE!! This is not a do-it-yourself project, and if you don't know how to research, brief, prove, and argue a fundamental issue such as employment status, you are very likely to cause irreparable harm to your interests.

Maybe even more important, you didn't say whether you've taken any action against the trucking company. (assuming the truck driver was at fault and you didn't run a stop sign or something like that). According to a handbook I have, the statute of limitations in Indiana is two years.

Now I'm going to start shouting, just in case you don't have an attorney and haven't filed a lawsuit:

IT LOOKS LIKE THE STATUTE OF LIMITATIONS WILL RUN ON APRIL 26, 1998. THAT'S ONLY A FEW DAYS AWAY. THAT MEANS YOU HAVE TO SUE THE TRUCK DRIVER, THE TRUCKING COMPANY, AND ANYONE ELSE WHO MIGHT BE AT FAULT IN CAUSING THESE SERIOUS INJURIES, BEFORE THAT DATE. YOU ARE ENTITLED TO FILE A NEGLIENCE SUIT REGARDLESS OF WHETHER OR NOT YOU WERE AN "EMPLOYEE". ANYBODY WHO DOES NOT GET SUED BY THAT DATE IS PROBABLY OFF THE HOOK, PERIOD.

IF YOU DON'T HAVE AN ATTORNEY, GET ONE RIGHT AWAY!!! YOU'VE ALREADY WAITED WAY TOO LONG. ANY DAY YOU WAIT COULD BE FATAL TO YOUR RIGHTS.

If you are represented, and have filed a lawsuit for the accident, please accept my apologies for shouting. But since you didn't say that in your message, I didn't want to assume that you knew about that limitations statute and the effect it will have.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.