If you are injured at work, you need to understand your rights about filing a workers’ compensation claim in Indiana. Indiana’s Workers’ Compensation laws prevent you from suing your employerfor an on-the-job injury or illness in most cases. However, the system provides benefits for injured workers to provide necessary medical care and other benefits.
If you have questions about a workplace injury or your workers’ comp claim has been denied, contact our office at 1-800-CALL-KEN to discuss your case with an experienced Indiana workers’ compensation attorney.
Am I Eligible for Workers’ Compensation Benefits?
If you are employed in Indiana and hurt on the job, you should be entitled to receive benefits unless you were:
- Not acting within the scope of your employment at the time of your injury
- A federal employee (federal employees are covered by the Federal Workers’ Compensation Act)
- An independent contractor
If you have questions about eligibility, you should report the accident to your employer and contact our office to discuss your situation with one of our attorneys. Failing to report your accident and follow the law regarding a workers’ comp claim could result in a denial of your claim.
How to Report an Injury
By law, your employer must post in a prominent place (i.e. break room, time clock, etc.) the name and contact information for the workers’ compensation insurance provider. If you cannot find this information, you can call the Indiana Workers’ Compensation Board at 1-800-824-COMP. You need to report the injury to your employer as soon as possible and request medical care. If you require emergency medical attention, go to the emergency room and then report the injury as soon as possible after you are in stable condition.
Can I Choose My Own Doctor?
Your employer’s workers’ compensation insurance carrier will choose a doctor to treat your injuries. If you do not go to the doctor chosen by the insurance company or you go to another doctor not authorized by the carrier, your benefits may be terminated, and you will be responsible for the payment of your medical care. It is important that you keep all appointments and follow the doctor’s instructions. Failing to comply with treatment is a reason to deny your claim and terminate your benefits.
In some cases, the doctor appointed to treat you may release you before you feel you are fully recovered from your workplace injury. You may be entitled to an independent medical exam paid by your employer or its worker’s comp carrier. If you are denied an independent medical examination or disagree with the results, you should contact our office immediately to speak with an attorney.
Can I Receive Reimbursement for Lost Wages?
In addition to receiving medical treatment for your injury, you may be entitled to other benefits. If you miss work because of your injury, you can receive two-thirds of your average weekly wage until the doctor states you can return to work. In cases of permanent disability, you may also be entitled to compensation for the disability. You are also entitled to reimbursement of your out-of-pocket costs such as transportation costs to doctor appointments and medication costs.
However, you are not entitled to receive compensation for your physical pain and emotional suffering as you can in a personal injury case. You could be entitled to receive compensation for pain and suffering if a third party, defective product, toxic substance, or intentional act caused your injury. To determine if you have a third-party claim, contact our office to schedule a meeting with an Indiana workers’ compensation attorney.