Frequently Asked Questions About
Worker's Compensation Law

1. How do I know if I’ve suffered an injury that is covered under Indiana Worker’s Compensation?
2. What benefits are available through Worker’s Compensation?
3. Can I be fired from my job for filing a Worker’s Compensation claim?
4. If I am fired from my job will that affect my Worker’s Compensation claim?
5. I have been released to return to work by my doctor with work restrictions, but my employer cannot give me work to meet my restrictions. What happens to my weekly Worker’s Compensation benefits?
6. Can I sue my employer or my co-worker for causing my injury?
7. When do I need an attorney to help me with my Worker’s Compensation claim?

1.  How do I know if I’ve suffered an injury that is covered under Indiana Worker’s Compensation?

Most “on the job” injuries are covered by Indiana Worker’s Compensation. You would not be covered by Worker’s Compensation if your injury occurred while doing personal errands during the workday. You should report any injury that occurs during the workday to your employer immediately. If your employer will not take your report of injury call an attorney or the Indiana Worker’s Compensation Board at 317-232-3809 or visit them on the web at www.in.gov/workcomp

2.  What benefits are available through Worker’s Compensation?

WEEKLY PAYMENTS 

The employer must pay two-thirds of your average weekly wage up to a set limit for the time you are unable to work. This is referred to as Temporary Total Disability (TTD). You will only get paid for the first week if you are off for 21 days. These weekly checks will usually stop when the doctor says you have recovered as well as you can. This is referred to as “maximum medical improvement.”

MEDICAL TREATMENT

The employer must provide medical treatment for your work-related injury. Your employer has the right to decide who will treat you for this injury. If you prefer to be treated by a physician of your choice your employer may not be required to pay for these services unless it is an emergency or other special circumstances apply.

PERMANENT IMPAIRMENT

If you do not recover fully from your work-related injury you will likely be due additional money. The amount of money depends on the degree of impairment and what is impaired. A physician will assign a Permanent Partial Impairment (PPI) rating. This rating is expressed as a percentage. The formula for determining payment based on this percentage is governed by Indiana Code 22-3-3-10, which you can find at www.in.gov.

TOTAL PERMANENT DISABILITY

If you are totally and permanently disabled because of your injury, you may be due two-thirds of your average weekly wage for the rest of your life and sometimes compensation for your long-term medical care.

3.  Can I be fired from my job for filing a Worker’s Compensation claim?

No, under Indiana Worker’s Compensation law you cannot be fired because you file a claim for Worker’s Compensation. However, Indiana is an employment at will state. You could be terminated for other reasons not related to the Worker’s Compensation claim. You should consult with an attorney if you believe your employment was terminated because of your Worker’s Compensation claim.

4.  If I am fired from my job will that affect my Worker’s Compensation claim?

It depends, but usually no. The employer generally will continue to owe you Worker’s Compensation benefits even after you are fired. However, if your job termination was the result of a violation of a company policy, such as being intoxicated on the job or failing to abide by posted safety policies, you may have your Worker’s Compensation claim challenged. Each case is different and may require that you consult with an attorney.

5.  I have been released to return to work by my doctor with work restrictions, my employer cannot give me work to meet my restrictions. What happens to my weekly Worker’s Compensation benefits?

Your weekly benefits should continue. A more difficult question comes up when you feel the employer is not following your doctor’s restrictions. In that case you may want to speak with an attorney.

6.  Can I sue my employer or my co-worker for causing my injury?

Probably not. Worker’s Compensation is generally the “exclusive remedy” when your injury is caused by your employer or co-worker. You may be able to get Worker’s Compensation and sue someone else who is not your co-worker if they caused your injury. For example, if you are in a car accident while making a delivery for work, you could receive Worker’s Compensation and you could sue the other driver. However, if you get both worker’s compensation and money from the other driver, you may have to pay back all or some of the Worker’s Compensation money.

7.  When do I need an attorney to help me with my Worker’s Compensation claim?

There are many reasons which include:

	You feel your rights are not being upheld by your employer.
	You have been offered a settlement and are not sure it is fair.
	You believe you are permanently disabled and your employer does not agree.