Areas of Expertise

Contact Us

1114 N. College Ave.
Bloomington, Indiana 47404

 

812.332.3643
fax 812.339.5595

TOLL FREE:
(877) SHEANLAW
(877-743-2652)


A Guide To Your
Worker’s
Compensation
Benefits


 

We understand that you have suffered an on-the-job injury. This brochure is intended to provide general information regarding Indiana Worker's Compensation.  Specific legal advice may be given only by an attorney.

WHAT IS WORKER'S COMPENSATION?

The Indiana Worker’s Compensation and Occupational Diseases Act requires employers to have insurance that pays employees injured at work or who have developed occupational diseases.

WHO IS COVERED BY WORKER'S COMP.?

All employers and employees in the State of Indiana, with very few exceptions, are covered under the Indiana Worker’s Compensation and Occupational Diseases Act.  Those not covered by the Act include casual laborers, farm or agricultural employees, domestic workers and their employers.  Firemen and policemen are not eligible for benefits under the Act if their departments are covered by a pension fund.

WHAT INJURIES ARE COVERED?

Any injury that occurs by accident as a result of work and occupational diseases are covered by Worker's Compensation.

HOW IS A CLAIM FILED?

An employee must notify the immediate supervisor as soon as possible following an injury or diagnosis of disease.  Within seven days of being informed of an injury, an employer must file a First Report of Injury with the Indiana Worker’s Compensation Board if the employee loses more than one day of work or the injury results in death.  An investigation is then conducted by the employer or its insurance company to determine if the claim is valid.

WHAT BENEFITS AM I ENTITLED TO?

You are entitled to three benefits:

1. Medical Expenses - Your employer must provide reasonable and necessary medical treatment. You must go to the doctor or clinic chosen by your employer.  When you go to the Emergency Room or a doctor's office you must tell them you have a Worker's Compensation claim and ask that the bills be sent to your employer's Personnel Department or insurance company.

2. TTD (Total Temporary Disability)

These benefits are paid to an employee who is off work due to an injury beginning the 8th day of disability.  If the disability continues more than 21 days, payment is then allowed for the first seven days, too.  The amount is based on 66.67% of the employee’s average weekly wage up to the limit set by the Legislature.  If you must miss work because of your injury, request a note from the doctor and take it to your employer.

3. PPI (Permanent Partial Impairment)

When the doctor says an employee has reached maximum medical improvement, the TTD and medical benefits stop.  If there has been loss of body function due to the injury, the employee is eligible for Permanent Partial Impairment.

NOTE: Worker’s Compensation benefits do not pay for pain and suffering.

What if the doctor says I am ready to return to work, but I feel I am not?

You must get a written release statement from the doctor before you can return to work.  If you disagree with the doctor, you may get a second opinion (Independent Medical Examination) under certain circumstances.

Am I eligible for unemployment compensation while I am off work?

No.

Who do I see for questions or problems?

Your Personnel Department will answer your questions regarding your benefits.

WHO ELSE WILL BE CONTACTING ME?

Your employer’s insurance company will contact you after receiving your injury report.  A representative will ask you questions and take a recorded statement from you regarding your injury.

WHAT ARE THE TIME LIMITS FOR FILING A CLAIM?

An employee has two years from the date of the accident to file a claim with the Indiana Worker’s Compensation Board.  If the employee received TTD benefits, he usually has two years from the date for which compensation was last paid to file a claim.  If PPI benefits were paid, the employee has two years from that date to file a claim for additional benefits.  Check with an attorney for the specific date.

DO I NEED TO HAVE MY OWN ATTORNEY?

Normally, disputes are discussed by the employee and the insurance claims representative.  If you want to appeal a decision by the insurance company or your employer, you can contact the Worker’s Compensation Board directly.  If you believe that you did not get all your benefits, you may need to hire an attorney.

 

For further information:
Indiana Worker's
Compensation Board
402 W. Washington Street
Room W-196
Indianapolis, IN 46204
317-232-3809
800-824-2667
www.in.gov/workcomp