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Who Can Receive Worker's Compensation In Indiana?
Nearly all employers who hire at least one or more employees must carry workers' comp insurance for full-time, part-time, seasonal, and temporary employees. The few exceptions to this rule include:- Independent contractors
- Railroad workers
- Some agricultural workers
- Certain employees of Indiana municipal corporations
- Sustained a work-related injury or illness
- Are employees of the company (not independent contractors)
- Notified their employer within 30 days of the injury/illness
- Filed a compensation claim within two years of the injury/illness
What Accidents Qualify For Workers' Comp Benefits In Indiana?
In Indiana, compensation covers both physical and mental injuries or illnesses resulting from work-related activities, including:- Slip and fall accidents
- Overexertion injuries
- Repetitive stress injuries
- Occupational diseases
- Vehicle accidents while driving for work purposes
- Injuries caused by faulty equipment or machinery
- Back and neck injuries
- Muscle strains and sprains
- Broken bones
- Burns or lacerations
- Respiratory illnesses due to exposure to harmful substances
How Can An Indiana Worker's Compensation Lawyer Help Me?
Applying for and receiving benefits when trying to balance recovery and financial responsibilities can overwhelm you. Many injured employees can lose out on benefits by missing important deadlines or not providing sufficient evidence of their injury. This is where an experienced Indiana Worker's Compensation lawyer can:- Provide detailed case evaluations to accurately assess the value of injuries
- Timely file paperwork within critical deadlines so they don't miss the right to compensation
- Gather evidence and medical records to support your claim
- Aggressively negotiate with insurance companies to reach a fair settlement
What Compensation Can I Receive?
Types of Payments
Indiana workers’ comp may cover multiple expenses for those who qualify for the benefits program, including:- Payment for medical treatment related to the work injury/illness
- Temporary total disability (TTD) payments if the employee is unable to work during recovery
- Temporary partial disability (TPD) payments if the employee can return to work with restrictions
- Permanent partial impairment (PPI) payments for permanent injuries that do not prevent the employee from returning to work
- Permanent total disability (PTD) payments if the employee's injury permanently prevents them from working
- Vocational rehabilitation expenses, including retraining and job placement services
- Death benefits for surviving family members in the event of a fatal work injury
- Diminished benefit amounts due to a lack of legal knowledge
- Denied claims due to a lack of evidence or missed filing deadlines
- Lengthy wait times due to disputes over the severity of injuries
Payment Structure
In Indiana, benefit payments are usually paid in one of two ways:- Structured or Continuing Payments: This means that you will receive payments on a regular schedule, such as weekly or monthly.
- Lump-Sum Payment: The full amount of compensation is paid at one time.
Payment Amounts
Typically, payments are two-thirds of the average weekly wage, capped at $804 per week. However, there are exceptions for higher earners and those with permanent total disability.Obstacles To Meeting Eligibility Requirements
While Indiana's workers' comp system should benefit injured workers, some obstacles may prevent employees from meeting eligibility requirements, such as:- Failure to report the injury within a certain time frame
- Missed deadlines for filing paperwork or appealing denied claims
- Injuries caused by intoxication or illegal drug use on the job
- Lack of clear evidence linking the injury or illness to work-related activities
Can Family Members Receive Workers' Comp Benefits In Indiana?
In certain cases, family members of a worker who is injured or killed on the job may also receive benefits, which may include:- Funeral and burial expenses
- Payment for medical treatment before death
How Long Am I Eligible To Receive Benefits?
The time you qualify to receive Worker's Compensation benefits in Indiana depends on the type and severity of your injury or illness. For temporary disabilities, such as a broken bone or sprained muscle, you may be eligible for benefits until you can return to work. For permanent disabilities, such as the loss of a limb or permanent impairment, you may be eligible for lifetime benefits. Indiana's benefits for injured workers change often, with the most recent change occurring in 2023. Given the ever-evolving landscape of these benefits, partnering with an experienced attorney offers invaluable support in navigating these claims.Indiana Worker's Compensation Rights
Indiana workers' comp laws grant you:- The right to choose your own doctor for treatment
- The right to receive prompt and reasonable medical care
- The right to appeal a denied claim or benefit reduction
- Protection against retaliation from your employer for filing a compensation claim
The Do's and Don'ts of Indiana Worker's Compensation
To avoid unintentionally disqualifying yourself from receiving Worker's Compensation benefits in Indiana, keep these important do’s and don'ts in mind:- DO report your injury or illness to your employer as soon as possible.
- DO seek medical attention for your injuries immediately.
- DO keep detailed records of all doctor's visits, treatments, and expenses related to your workplace injury or illness.
- DO consult with an experienced Indiana Worker's Compensation attorney before making any decisions about payment structure or appealing denied claims.
- DON'T misrepresent or lie about your injuries or illness, as this can result in denial of benefits and potential legal consequences.
- DON'T return to work before being medically cleared to do so.
- DON'T delay reporting your injury or illness, as this can hurt your eligibility for benefits.
- DON'T hesitate to seek legal help if you believe your rights have been violated or are facing obstacles in receiving benefits.