Workplace injuries can be difficult for workers and their employers. For workers, being injured on the job can be devastating for themselves and their families. Not only do workplace injuries often result in ongoing pain, but they can also limit current and future income. Worker’s compensation claims are an important tool for workers to protect their futures in the event of workplace injuries. For employers, workplace injuries can present interruptions in the workplace, loss of valuable employees, and other potentially significant costs. The Indiana Worker’s Compensation systems seek to balance the concerns of employees and employers and create a compromise to benefit both.
What types of injuries qualify for worker’s compensation?
The Indiana Worker’s Compensation Act provides compensation and benefits to employees who suffer injuries that occur by accident arising out of and in the course of their employment. The employee has the burden of proving each and every element of the claim in order to be entitled to statutory compensation or benefits. However, if the employee meets their burden, and their injury is deemed to be related to their employment, the employee will be entitled to certain benefits, including:
- Payment of lost wages at two-thirds of the employee’s average weekly wage — for as long as the employee is ordered not to work by the physician authorized by the insurance company.
- Payment for a permanent partial impairment rating, if the physician feels that the employee has a permanent impairment because of the work injury.
- Payment of medical expenses for doctors selected by the employer or their worker’s compensation insurance carrier and reimbursement of the employee’s out-of-pocket expenses, including medication costs and mileage traveled if the employee is required to travel outside the county of the employment.
Filing a worker’s compensation claim
To report an injury, an employee must inform their employer about the injury with details about when and how it occurred. At this point, the employer prepares a First Report of Injury and is required to make a determination about whether the alleged injury is related to work. The employer may determine that the employee’s injury claim is related to work and provide benefits to the employee. However, the employer may conduct some investigation and determine that the alleged injury is not related to work. If an employer decides that the injury is not work-related, the employer must notify the employee of the determination within a certain time period prescribed by statute. If the employee disagrees with the employer’s determination about whether the employee’s alleged injury is related to work, the employee can make a formal claim for worker’s compensation by filing an Application for Adjustment of Claim. At this point, the dispute comes within the jurisdiction of the Indiana Worker’s Compensation Board, which exercises jurisdiction over disputes between employees and employers.
Worker’s compensation assistance for Indiana
If you are dealing with a worker’s compensation claim, it is important to secure knowledgeable legal counsel to guide you through the process. There can be many pitfalls for workers as well as employers. Ooley Law has experienced attorneys who have helped both Indiana workers and employers for more than two decades. Call our office today at (812) 567-3848 to set up an initial consultation.
