Who Is Eligible for Workers’ Compensation in Indiana?
Generally, if you are employed in Indiana, and are not a federal employee, you are eligible for workers’ compensation if you are injured on the job. You are eligible from the first day of employment. Some categories of workers may be exempt. Check with the Indiana Workers’ Compensation Board or an attorney if you have questions.
I was injured at work. What’s my next step?
The law requires employers to post the name, address, and telephone number of their workers’ compensation insurance provider. The information must be posted in a public place such as a break room. Call the Indiana Workers’ Compensation Board (1-800-824-COMP) if you cannot locate this information.
What if my employer says that he doesn’t have workers’ compensation insurance and I was injured while at work?
The law requires employers to carry workers’ compensation insurance. Contact the Indiana Workers’ Compensation Board (1-800-824-COMP) to verify whether your employer has insurance.
Can my employer fire me for filing a claim, or tell me not to file?
No. This is prohibited by law. Report all threats and actions to the Indiana Workers’ Compensation Board.
I live in another state, but I was injured while on the job in Indiana. In which state should I file a claim?
You should file the claim in Indiana if you work in Indiana or your employer is based in Indiana (such as a trucking company).
What benefits am I entitled to if my injury is considered compensable?
You are entitled to:
- Your lost wages, at two-thirds your average weekly rate, for as long as you are told not to work by the doctor authorized by the workers’ compensation insurance company.
- Payment for a permanent partial disability, if the doctor authorized by the workers’ compensation insurance company feels this is due to the work injury.
- Payment of medical expenses to the providers selected by your employer or their insurance carrier, and reimbursement of certain out-of-pocket expenses.
Am I limited only to workers’ compensation benefits for my injury?
A number of situations exist where you may be able to sue for damages caused by your injuries. Examples include:
- An injury caused by a defective product might entitle you to initiate a product liability action against the product’s maker.
- An injury caused by a toxic substance might entitle you to initiate a toxic tort lawsuit against the toxic substance’s maker.
- An injury caused by a third party might entitle you to initiate a personal injury lawsuit against the third party.
- If your employer does not have workers’ compensation insurance, you might be able to sue them in a civil action or collect money from Indiana’s special fund for such cases. The Workers’ Compensation Board of Indiana will also take action against them.
Can I collect workers’ compensation benefits for pain and suffering?
No, you cannot. You would need to bring a legal action against your employer or other responsible party. If you collect workers’ compensation, you will lose the right to sue your employer. However, in Indiana, you cannot sue your employer for intentional or reckless bad actions. You can, however, sue a third party.
What is an example of a third-party suit?
If you are driving somewhere on company business in a company vehicle and someone runs a red light and hits you, resulting in injury, you can sue the person who ran the red light. If that person was also driving on business, you may be able to sue their employer.
Another example is a burn injury. Even if you are receiving workers’ compensation benefits, you might be able to bring a third party lawsuit against the company who created a defective product that caused your burns.
What is an example of a defective product?
A common defective product is a piece of unsafe machinery. If you have been injured by a defective or unsafe machine or piece of equipment, you may be eligible for reimbursement of medical bills, pain and suffering, and lost wages. The manufacturer of the machine or equipment would be responsible. These injuries often happen in construction accidents, equipment accidents, or burn injuries.
My son was injured at work and he is under 17. Is he eligible for workers’ compensation?
Any minor — that is, someone under the age of 17 at the time of the accident — is covered. If the minor was working in a situation where the employer was violating Indiana labor laws, he may be entitled to double benefits.
My spouse died as the result of a workplace accident. Can I collect workers’ compensation?
You are eligible for certain payments under the Indiana workers’ compensation system if your spouse dies as a result of a workplace accident. You can also sue for wrongful death in certain cases, such as negligence. Speak with legal counsel if you have doubts about your situation.
Were You or a Loved One Injured On the Job? Let Us Put Our Resources to Work for You
If you or a loved one believes you have a workplace injury case in Indiana and you would like to explore your options, contact Mike Stephenson. Mike Stephenson will work hard to obtain the justice and compensation you are owed.
At McNeely Stephenson, we believe justice matters. We will put our time, energy and resources to work for you to achieve justice in your case. A free consultation is just a phone call away – dial 1-855-206-2555.