In Indiana, workers’ compensation laws exist to protect employees who suffer from work-related injuries or occupational illnesses. The Indiana Workers’ Compensation Board administers these benefits and ensures workers have access to wage replacement, medical care, and vocational recovery after a workplace incident.
Coverage Requirements
All employers in Indiana must carry workers’ compensation insurance, with limited exceptions such as independent contractors, sole proprietors, and certain agricultural workers. Failure to provide coverage can result in heavy fines and criminal penalties.
Workers’ Compensation Benefits
Injured employees may be eligible for:
- Medical treatment fully covered by the employer’s insurance
- Temporary Total Disability (TTD) benefits if unable to work during recovery
- Permanent Partial Impairment (PPI) or Permanent Total Disability (PTD) benefits
- Wage replacement equal to two-thirds of their average weekly wage (up to a capped limit)
- Vocational rehabilitation assistance if the worker can no longer perform their previous job duties
Reporting and Filing Procedures
Workers must notify their employer of the injury within 30 days, although it’s best to do so as soon as possible. A First Report of Injury (Form 34401) must be filed by the employer with the Workers’ Compensation Board. The board then oversees the claim and facilitates dispute resolution if needed.
Time Limit to File a Claim
The statute of limitations to formally file a workers’ compensation claim in Indiana is 2 years from the date of the injury. Failing to file within this period may result in a loss of benefits, even if the injury was reported to the employer.
Can I Choose My Doctor?
In Indiana, the employer has the right to choose the treating physician. If the employee seeks care from another doctor without authorization, those expenses may not be covered. Workers can request a change of doctor, but it must be approved by the employer or the board.
Common Injuries Covered
The Indiana system covers a broad range of injuries, including:
- Falls, slips, and trips on job sites
- Repetitive motion injuries such as carpal tunnel syndrome
- Crush injuries and equipment accidents
- Illnesses from chemical or toxic exposure
- Mental health conditions resulting from physical injuries
Disputing a Denied Claim
If a claim is denied or disputed, the worker can request a hearing with a Single Hearing Member of the Indiana Workers’ Compensation Board. Both parties can present evidence and testimony. If the result is unsatisfactory, it can be appealed to the Full Board and then to the Indiana Court of Appeals.
Employer Retaliation Is Illegal
It is illegal for an employer to retaliate against a worker for filing a workers’ compensation claim. Any termination, demotion, or discrimination linked to a claim could give rise to additional legal action for wrongful termination or retaliation.
Legal Help for Injured Workers
You may want to seek legal help in Indiana if:
- Your claim has been denied or delayed
- You feel pressured to return to work too soon
- Your employer won’t provide medical care
- You’ve developed a long-term disability
- You’re unsure about your settlement rights
Get Informed About Your Rights
Navigating workers’ compensation claims can be confusing without the right information or support. Understanding your rights under Indiana law can help you take the right steps after a workplace injury. Don’t be afraid to ask questions or get professional guidance to protect your health and income during recovery.