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If I Get Injured at Work in Indiana, What Benefits Am I Entitled To?

Oct 31, 2022 | Workers' Compensation


Injured at Work in Indiana

Workplace injuries are covered under Indiana’s Workers’ Compensation Act. So long as you are not an independent contractor, railroad worker, or farm laborer, your employer should carry workers’ compensation insurance to cover you in case of an injury at work.

You’re entitled to the following benefits:

  • Wage replacement: of two-thirds your average weekly salary up to $600 per week when your workers’ compensation physician deems you cannot work.
  • Permanent partial impairment or partial disability: some workers never fully recover from their workplace injuries. In that case, they can receive compensation based on the level of long-term impairment that their workers’ compensation physician determines.
  • Medical expense coverage for care related to your workplace injury.
  • Reimbursement for out-of-pocket expenses: such as medication and mileage to and from medical appointments when those appointments occur outside your employer’s county.
  • Death benefits for surviving dependents: if a worker passes away from a work-related incident, the surviving dependents might be eligible for death benefits. This includes up to $7,500 for burial expenses, lost wages up to two-thirds of the deceased person’s weekly wage, and medical expenses related to caring for the worker until their passing.

Key Details to Know for Indiana Workers’ Compensation Claims

Workers’ compensation claims are often complex. There are many statutes that apply, and failing to observe certain timelines and requirements can prohibit you from receiving compensation if you aren’t careful. Here are some important details to keep in mind when it comes to Indiana workers’ compensation claims.

  • You must file a notice to your employer within 30 days of the accident. But the sooner you do this, the better. 
  • You have 2 years to file a claim for workers’ compensation.
  • Under Indiana statute 22-3-7-19, there are wage replacement compensation maximums and minimums that the insurance company must adhere to regardless of your average weekly wages.
  • Injured workers cannot select their doctor except in emergency situations. Otherwise, the workers’ compensation insurance company will provide a list of approved doctors that you can see.
  • You can file a dispute with the Workers’ Compensation Board of Indiana if you believe your claim has been wrongly denied. 

Important Steps to Take After a Workplace Injury

What you do after a workplace injury can determine whether you are eligible for benefits or not. You should follow these guidelines carefully:

  1. Notify your employer of your workplace injury promptly. 
  2. Seek medical treatment as soon as possible. Otherwise, you might call into question whether your injury is truly workplace-related.
  3. Seek an Indiana workplace injury attorney. Stewart & Stewart is an outstanding choice for your workers’ compensation legal representation needs.
  4. Keep track of your medical expenses and lost wages to ensure you get reimbursed for these once your workers’ compensation claim is active.
  5. Only speak to the insurance company when your lawyer is present, or have your lawyer handle all interactions with the insurance company to ensure you don’t say or do the wrong thing and harm your case.
  6. Do not agree to a recorded statement for the insurance company. They will tell you that it’s standard for the injury victim to provide this, but it is not required.

Even if you were responsible for your workplace injury, you are still eligible for compensation. Indiana is a no-fault state for workers’ compensation coverage.

An initial consultation with a workers’ compensation attorney is free, which means no matter the circumstances of your accident, you’ll find it beneficial to discuss the matter with an attorney. Schedule your free consultation with the experienced team at Stewart & Stewart to learn more about the premier choice for workers’ compensation legal representation in Indiana. 

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

Stewart & Stewart Attorneys have the knowledge and experience to defend your rights in the following areas of Indiana injury law: auto accident, brain injury, drug injury, defective product, fire and burn injury, insurance dispute, medical malpractice, motorcycle accident, nursing home abuse, slip and fall,  truck accident, workers’ compensation and wrongful death.