Who Can Receive Workers’ Comp in Indiana?
Indiana law requires most employers to carry workers’ comp insurance coverage. If you were injured at your job, you may qualify for these benefits while you recover.
At Klezmer Maudlin, our workers’ compensation lawyers help those injured on the job confidently pursue these rightful benefits.
This learning resource will help you understand how we do this, who can receive workers’ compensation in Indiana, and the steps to help you achieve a favorable outcome.
Schedule a Free Initial Consultation Today!
Who Can Receive Workers’ 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
Outside of these exceptions, eligible workers in Indiana can receive these benefits if they:
- 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
There is no age, salary, or citizenship requirement to receive these benefits in Indiana. As long as you have the right to work and were injured on the job, you can pursue a claim for benefits.
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
Common workplace injuries may include:
- Back and neck injuries
- Muscle strains and sprains
- Broken bones
- Burns or lacerations
- Respiratory illnesses due to exposure to harmful substances
If your accident and resulting injuries keep you from working, you may receive these benefits.
How Can An Indiana Workers’ 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 workers’ 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
Moreover, a lawyer can examine all avenues of compensation to recover all the benefits you deserve.
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
However, just because your employer has workers’ comp insurance does not automatically mean you will receive these benefits. Consult an experienced attorney from our firm to recover all available benefits.
Those who try to pursue compensation without a lawyer may run into obstacles obtaining compensation, such as:
- 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
These obstacles could keep you from receiving maximum benefits for your injuries. Avoid the headache of trying to navigate the compensation claims process on your own. Let our team of experienced attorneys at Klezmer Maudlin help you receive the compensation you are entitled to under Indiana law.
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.
Those who opt for structured or continuing payments will receive a regular, steady stream of income to cover medical expenses and lost wages. Additional compensation for vocational training or if injuries worsen over time may also be possible.
Lump-sum amounts offer more immediate financial assistance to cover pressing expenses caused by medical bills or lost income. However, lump sum payments may exclude you from the benefits of structured payments, leaving you open to financial risk should your condition worsen.
Because of the potential long-term implications of a work injury, consult an experienced Indiana workers’ compensation lawyer before making any decisions about your benefits payment structure.
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
An experienced Indiana workers’ compensation lawyer can help you navigate these eligibility issues so you receive the benefits and compensation you deserve.
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
The state only allows family members who can prove they financially depended on the injured or deceased worker to receive these benefits. If you believe your family qualifies for these benefits, consult a lawyer as soon as possible to avoid diminished or denied claims.
How Long Am I Eligible To Receive Benefits?
The time you qualify to receive workers’ 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 Workers’ 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
If your employer or their insurance company violates these rights, a lawyer can take legal action to ensure you receive the compensation and benefits you deserve.
The Do’s and Don’ts of Indiana Workers’ Compensation
To avoid unintentionally disqualifying yourself from receiving workers’ 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 workers’ 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.
Ignoring these tips can diminish compensation amounts or disqualify eligible employees from receiving benefits.
Receive Workers’ Comp In Indiana With The Help Of Klezmer Maudlin
Navigating the workers’ comp process in Indiana is often overwhelming and confusing. Hiring an experienced lawyer can alleviate these stresses so you can recover the compensation you deserve.
At Klezmer Maudlin, our Indiana workers’ compensation lawyers have helped countless injured employees receive the benefits they deserve. We understand the intricacies of state laws and will fight for your rights every step of the way.
If you or a loved one has been injured or become ill due to workplace conditions, do not hesitate to contact us online for a free consultation.
Indiana Workers’ Comp FAQs
What vocational benefits am I eligible for under Indiana workers’ compensation?
Vocational benefits, also known as rehabilitation services, may include job retraining and assistance in finding new employment if you cannot return to your previous job due to your workplace injury or illness. These benefits vary depending on the severity and type of disability you have sustained.
Can I be fired for filing a workers’ compensation claim in Indiana?
No, it is illegal for an employer to retaliate against an employee for seeking workers’ compensation benefits in Indiana. This includes firing, demoting, or discriminating against employees because they filed valid claims. If you believe your employer has retaliated against you, consult with a lawyer as soon as possible.
What if my workers’ compensation claim is denied?
If your claim is denied, you can appeal the decision and present evidence to support your eligibility for benefits. A lawyer can prove invaluable during this complex process, helping to meet the strict filing criteria and advocating for your best interests.
How long does it take to receive workers’ compensation in Indiana?
How long it takes to receive benefits varies depending on the complexity of your case and whether or not there are any disputes. An experienced lawyer can expedite this process without compromising the amount you receive.
Who will oversee the medical examination for my workers’ compensation claim in Indiana?
In Indiana, the workers’ comp board appoints the doctor to conduct your independent medical examination (IME). This process is distinct from other states and can be complex. A lawyer can help you understand this process while advocating for your best interests.