Workers' Compensation in Indiana
Indiana workers' comp (also known as workers' compensation, work compensation, and workmans' comp) attempts to provide some monetary and medical support for a worker injured on the job, or who has become ill as a result of his work. Generally, an employer's work compensation insurance does not cover independent contractors, but it does cover full and part time employees. Job-related injuries must be filed with the Indiana Workers' Compensation Board by a specific, statutory deadline.
There are some workers' comp matters that necessitate legal aid. Consult an Indiana workmans' compensation lawyer if your employer refuses to cooperate, is uninsured or underinsured, your claim is challenged, or if your injury is severe, permanent, or long-term. You may also want to consider hiring an Indiana work compensation lawyer if you were injured by a defective product or piece of equipment, because the manufacturer may be liable and the lawyer can help you file suit.
Illnesses and Injuries Covered Under Indiana Workers' Compensation Law
Accidental Physical Injuries
- Accidental injuries (falling, slipping and tripping) are covered by work compensation insurance in Indiana.
- An employer may not have to pay for employee injuries that are due to the employee's knowing, self-inflicted injury, due to the employee's intoxication or drug use, and/or due to failure to perform a statutory duty.
- Continual contact with harmful conditions, or repetitive movements that ultimately cause harm:
- Hernia cases, heat stroke, carpel tunnel syndrome, exposure to blood borne pathogens, exposure to toxic chemicals
- The dependents of an employee who dies from a work-related accident are entitled to death benefits.
The Indiana Worker's Comp Claims Process
- Report Your Injury to Your Employer
- Tell your supervisor about your injury immediately. Your employer must then file the Employer's Report of Injury (Form 24401) with the Indiana Worker's Compensation Board. Your employer then has 29 days to begin making payments, or to inform you that your claim has been denied.
- Get Medical Help Promptly
- File a claim with the Indiana Workers' Compensation Board: You must be sure that you report your injury to your employer and that your claim is filed within one year. If your claim is not filed within this period, you may lose your permanent disability compensation, medical benefits, and/or lost wage payments.
- Get in touch with an Indiana work compensation attorney if you need help with your claim or if your claim is denied.
Benefits Received in Indiana Under the Workers' Compensation Program
Talk to a workers' comp lawyer about the types of workers' compensation available to you in Indiana. The following are several kinds of benefits you may be eligible to receive:
- Medical Treatment: Workers' compensation pays for hospital bills, physician's bills, and the cost of medical treatment associated with your employment related injury. Payments are made directly to the health care provider.
- Wage Reimbursement: Your employer (or employer's insurer) must compensate you for the wages you lose going to and from doctor's appointments, spending time in the hospital, and/or traveling to and from the Indiana Workers' Compensation Board and attending hearings.
- Funeral: Maximum of $7,500 in funeral expenses.
- Death: The death of an employee from a work related injury entitles the employee's family and dependents to recover death benefits. The quantity of death benefits depends on whether the dependent is partially or totally dependent on the injured employee.
- Vocational Rehabilitation: Employees whose injuries prevent them from returning to their pre-injury jobs may be eligible for vocational rehabilitation. However, in Indiana, it is not necessary for the employer to pay for private vocational rehabilitation.
- Income Benefits:
- Temporary Total Disability Benefits (TTD for short): Paid weekly and based on the worker's average weekly wage at the time of his injury. When the worker is completely unable to work because of his injury.
- Amount: 2/3 of the worker's average weekly wage, subject to a maximum weekly amount that is dependent on the date of the employee's injury.
- Temporary Partial Disability Benefits (or TPD for short) : Payments made when the injured worker can do some work for the employer, but cannot work in his full capacity.
- Amount: 2/3 of the difference between the employee's pre and post injury wages. The payments will only continue for up to 300 weeks.
- Permanent Total Disability Benefits (PTD for short): When a work injury means that an employee will never again be able to work.
- Amount: The award will be paid at the rate of 2/3 of the worker's average weekly wage prior to the injury. It will be paid out for a max of 500 weeks.
- Permanent Partial Disability Benefits (PPD for short): As a result of the injury, the employee suffers permanent impairment even after the injury has healed to its medical maximum (i.e.-loss of toe or thumb).
- Amount: Compensation will be paid according to a statutory schedule, and will not be based on the employee's wages.
Why Hire A Indiana Workers' Comp Lawyer?
Filing a workmans' comp claim can have a major impact on your future. If you do not want to face the potential of your injury being challenged or denial of your claim on your own, it is best to consult with an Indiana workers' comp attorney. The Indiana workers' compensation attorney can help you understand the ins and outs of the Indiana worker' compensation system, and can help you formulate a strategy, file your claim on time, advise you of all your options, and argue your case effectively in front of the Indiana Workers' Compensation Board. An Indiana workmans' comp lawyer can be especially helpful in complicated cases where there was a third party involved in your injury.
Indiana Workers' Compensation Code
Indiana Laws pertaining to workman's comp:
- Employers Subject To Workers' Compensation
- Labor and Employment, Tit. 22, Art.3, Chp. 9.
- Covered Employees
- Labor and Employment, Tit. 22, Art.3, Chp. 2.
- Labor and Employment, Tit 22, Art.3, Chp. 3.
- Claims Procedure
- Labor and Employment, Tit. 22, Art.3, Chp. 4.