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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 the injury.

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. Schedule a free consultation today.

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