Filing a Workers’ Compensation Claim in Indiana:
Report your injury to your supervisor or manager immediately, regardless of whether or not you think that you will need medical treatment.
Insist that your supervisor or manager prepare a written accident report.
Obtain a copy of the accident report from your manager or supervisor.
Attend all appointments and examinations scheduled for you by your employer's workers' compensation insurance carrier. Avoid re-scheduling appointments whenever possible. Missing or re-scheduling more than one appointment may result in the suspension of your workers' compensation benefits.
Keep copies of all restrictions, off-work statements, and reports given to you by each doctor that you see.
If you attend an appointment or examination outside of the county where you work, keep a log of the miles traveled, the date, and the name of the doctor. You are entitled to be reimbursed at the rate that State of Indiana employees receive per mile if you have to travel outside of your county of employment for any appointment or examination.
Track the time that you were unable to work due to your work injury. You are entitled to weekly TTD benefits if you are off of work for more than seven days.
If eligible, request a Board-appointed independent medical examination if the doctor chosen by the workers' compensation insurance carrier releases you from further care and states that you have reached maximum medical improvement.
Report to the Indiana Department of Labor any threats or retaliations made by your employer for filing or attempting to file a workers' compensation claim. It is against Indiana law to retaliate against an employee for filing a workers' compensation claim.
Ask for a second opinion if you are unhappy with your medical treatment. Your employer's workers' compensation insurance carrier will decide whether or not to grant this second opinion.
Contest any denial of benefits on the basis of a pre-existing condition. You are entitled to benefits even if you had a pre-existing condition, as long as the injury is an aggravation of the existing condition.
Indiana Workers’ Compensation Treatment:
Injured workers may be entitled to future medical treatment. If you case involves future medical needs, do not settle your case until you consult with an attorney familiar with the Indiana Workers' Compensation Laws. The settlement of future medical cases can be tricky. If a doctor feels that you will need future medical care as a result of your work accident, a doctor will need to state, in writing, what the specific long-term medical needs are, the period of time that the specific treatment will be needed, and the cost for each treatment recommended.
However, just because a physician says that you will need future medical treatment does not mean the insurance company or hearing member will award your future medical care. Future medical treatment will only be awarded if the workers' compensation insurance carrier or hearing member feels that the treatment is necessary in order to "limit or reduce the amount and extent of your impairment (permanent injury)." The Workers' Compensation Act does not specify the length of the future medical obligation. Generally, the hearing member will decide whether or not future medical treatment is necessary.
If a worker is considered permanently and totally disabled, future or lifetime medical treatment is also a possibility. The Second Injury Fund was created to assist permanently totally disabled workers pay for prosthetics, replacement prosthetics, and other limited future medical costs.
Indiana Waiting Period:
The waiting period for compensation benefits after the injury has occurred is 7 days.
Compensation is retroactive if disability continues for more than 21 days.
Indiana Workers’ Compensation Benefits:
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the physician who will provide care.
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments may continue for up to 500 weeks, subject to a cap on the total payment received.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD may continue for up to 500 weeks.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment.
Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.
Benefits may be available for permanent disfigurement which impairs the future usefulness of opportunities of the employee.
Physical and vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. Burial allowance is available.
Indiana Workers’ Compensation Contact Information:
Linda Hamilton, Chairman
Workers’ Compensation Board
402 West Washington Street,
Indianapolis, IN 46204
(317) 232-3808 (317) 232-3808 or 1-800-824-2667 1-800-824-2667
NOTICE: These questions and answers concern Indiana law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.