Free Indiana Workers' Compensation FAQs | Free Indiana Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

All Indiana public and private employeremployee relationships (with a few exceptions) are covered by the Worker`s Compensation and Occupational Diseases Acts. It does not matter how many workers are employed in a business; all employees must be covered. Employees who have been injured while working and have been told that they are ineligible for worker`s compensation either because the employment is not covered by the Act, or because the employer does not consider the worker to be an employee, may contact the Ombudsman Division of the Worker`s Compensation Board for information or an attorney for advice.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

If you are injured at work or believe that an injury or illness is workrelated, the following steps may be helpful. The steps in this list are not required by statute. If you are unable to do these things for yourself, ask someone to do them for you.

Note the hour, date, cause of the accident or illness, and the names of any witnesses to the accident. If possible, obtain a written statement from these witnesses. This information may be important in pursuing your claim.
Immediately report the accident and injury to your supervisor, first aid person, company nurse or physician, or directly to your employer. Do not wait to report injuries or illnesses and do not conceal injuries or illnesses if you wish to pursue a worker`s compensation claim.
If you work for a unionized employer, report the injury to your union representative.
Request medical treatment under worker`s compensation.
Do not sign any papers unless you understand what you are signing. However, remember that your signature may be required at various steps in the handling of your claim. Your delay in signing may lead to a delay in receiving compensation.
You do not have to allow claims investigators to take a tape recorded statement from you as a condition for receiving worker`s compensation.
If your claim is denied, you have the right to a hearing before the Worker`s Compensation Board.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

With few exceptions, the employer/insurance carrier has the right to direct medical care in Indiana. In most cases, the employer provides a physician, free of charge, for the treatment of an employee`s injuries.

If the employer fails to provide reasonable and necessary medical treatment, the employee may go to any physician. Ind. Code 22334(d). However, if the employer/carrier refuses to pay for the treatment, the employee or the medical provider may have to file with the Board to seek reimbursement.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

The Worker`s Compensation Act provides incentives to the employer and employee to return to work as soon as possible. If the employee is partially disabled, that is, able to work light duty or for limited hours, Temporary Partial Disability (TPD) compensation is paid to help make up the difference between light duty wages and the employee`s preinjury wage. Ind. Code 22339. No TPD is paid if light duty wages exceed the statutory maximum average weekly wage. Be aware that if you refuse reasonable and accommodating employment within your medical restrictions, your benefits may be suspended.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

Most worker`s compensation claims are resolved without dispute. If questions or disagreements arise between the employer, carrier, and employee, the Ombudsman division may be able to informally assist the parties in resolving the problem. Disputes may also be resolved through a hearing before the Worker`s Compensation Board. You can contact the Ombudsman with general questions or problems by calling the Worker`s Compensation Board of Indiana Ombudsman Division at: (800) 8242667 or (317) 2325922.

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

Workers` compensation is designed to help workers injured on the job or with an occupational disease by providing all necessary medical treatment; weekly benefits while disabled; vocational rehabilitation, if necessary; and additional benefits for scarring, disfigurement, and permanent physical impairment.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

When a compensable injury renders an employee unable to work, compensation for lost wages is paid starting on the eighth day. However, on the twentysecond day of disability, the employee will receive compensation for the first seven days.

Disability compensation is usually paid weekly and is based on 2/3 of the employee`s average weekly wages on the date of the injury. Disability payments are subject to minimum and maximum wages and compensation, which vary depending on the date of injury. For injuries occurring on or after July 1, 2001, the maximum average weekly wage is $822.

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