Q & A: Workers' Comp in Indiana
What's the first step I should take in filing a claim?
After an injury or an illness you believe has been caused by an accident
at work, the first thing you should do is inform your employer. It is
them, and not you, who will be filing the claim on your behalf. It is
important to establish and maintain clear lines of communication with
your employer during this process and, if possible, receive a written
report proving that your employer recognizes the accident that caused
What am I entitled to under the Indiana Worker’s Compensation Act?
Depending on the facts of a particular case, there are generally three
types of benefits available under the Act:
- Wage Replacement Benefits
- Medical Care and
- Money if you are unable to return to your pre-injury physical status upon
completion of the statutory medical care.
Can I go to a doctor I choose?
In Indiana, the employer has the right to decide where an employer gets
their medical care. While an employee may seek a second opinion or get
care on their own, generally this will be at the employee’s own cost.
I have aggravated a pre-existing condition. Am I still covered?
A pre-existing condition that has been aggravated by a workplace accident
can indeed be covered by
workers' compensation. These instances, however, can be difficult to assert and the claimant
must establish that a workplace accident is solely responsible for the
aggravation. In these cases, this kind of determination will be made by a doctor.
Am I covered if I am in an auto accident to or from work?
Workers' compensation can cover an auto accident, but only under very
specific circumstances. Whether or not your collision is covered depends
on a number of key factors, such as:
- Whether or not your employment is at one fixed location
- Whether your route included a personal errand
- Whether the collision happened in your vehicle or a company vehicle
It should be noted that commutes to and from work are not commonly covered
by worker's compensation. To assess to circumstances of your collision
and determine whether or not you are covered,
call us at Crossen Kooi today.
Can I be fired for filing a Worker’s Compensation claim?
The answer to this is no. However, Indiana is considered an “at-will”
employment jurisdiction, which means employers may hire, fire, promote,
demote, layoff, suspend, set their own work hours and policies at their
discretion; so long as they do not discriminate or retaliate against their
employees for filing a Worker’s Compensation claim. If you do feel
that you have been retaliated against following a workers' compensation
matter, speak with a proven Indiana employment lawyer at our firm today.
Still have questions? Contact our offices and make sure you get the information
you need to properly file or fight for a workers' compensation claim.
free consultation today.