Indiana Work Comp Laws

If you’ve been injured or become ill due to situations in your workplace, you should file a workers compensation claim immediately in order to get all the benefits you deserve. Indiana’s no-fault workers compensations system is designed to compensate workers who suffer job-related illnesses or injuries.

Examples of workers compensation benefits include medical benefits, disability benefits, and lost wages. Below is some more information on this topic.

Eligibility

In general, workers compensation covers all work-related injuries and illnesses, including mental injuries. This means that workers compensation does not cover injuries or illnesses suffered while you’re off-duty, including during your commute to and from work or during your lunch.

That said, workers compensation covers both occupational diseases and traumatic injuries. The former are injuries that result from a one-time accident such as a slip-and-fall accident, whereas the latter are injuries or illnesses that occur over time such as injuries or illnesses caused by long-term exposure to toxic chemicals or injuries caused by repetitive movements.

Dispute Resolution

If your employer denies your workers compensation claim, you may initiate an informal dispute. To do this, you would need to file a Request for Assistance (State Form 45442) with the state’s Workers’ Compensation Board.

Additionally, you can also file a formal dispute. To do this, you would need to file an Application for Adjustment of Claim (SF 29109) in order to schedule a hearing before a representative of the Workers’ Compensation Board.

Finally, an Indianapolis workers compensation attorney can help you appeal a denial of your benefits.

Notify Your Employer

To get workers’ compensation benefits, you have to notify your employer of your job-related injury within thirty days from the date of the injury. This is important because if you fail to notify your employer within this set period, your employ will deny your claim.

In general, your workers comp benefits will start once you notify your employer of your work-related injury. What’s more, insurance companies generally tend to be less skeptical of workers compensation claims that are reported immediately.

In fact, if you suffer an on-the-job injury, you should notify your supervisor immediately, preferably in writing. This is important because you may need to prove in court that you notified your employer of your injury.

Medical Treatment

Your employer is required to provide you with a list of six doctors from which you get to choose for treatment. Out of the six doctors, one has to be an orthopedic surgeon.

Additionally, no more than two out of the six can be industrial clinics. If your employer fails to provide you with this list or provides you with an invalid list of doctors, you can choose your own doctor and your employer’s insurance company has to pay for your treatment.

Workers Compensation Checks

If you are receiving workers compensation checks because of a disability, then you can seek an independent medical examination and your employer’s insurance company has to pay for this appointment.

However, you must request the exam within 120 days from the last time you received workers comp wage benefits, so do not delay discussing this option with an attorney.

Mileage Reimbursement

Under Indiana work comp laws, you are also entitled to reimbursement for travel mileage for all the miles you drive for medical appointments, prescriptions, depositions, and parking fees.

Wage Replacement Benefits

Indiana offers wage replacement for both medical treatment and payment. The wage replacement amount depends on the severity of your disability.

However, by law, you are entitled to two-thirds of your average weekly wage, subject to state-imposed caps. As of July 2016,for instance, this amount was about $780. If the insurance company fails to pay you the maximum amount of $780 per week, it must file a form that shows you how it calculated the amount of your weekly check.

Conclusion

If you suffer a work-related injury or illness, you should file a workers compensation claim. Like most states, Indiana has a no-fault workers compensation system that offers injured workers guaranteed benefits while they recover from their injuries.

However, you must adhere to Indiana work comp laws to make the most of these benefits.

Reference Resources

https://www.in.gov/wcb/

http://www.indyfirm.com/