WORKER’S COMPENSATION - FREQUENTLY ASKED QUESTIONS

Do I have to prove my employer was negligent?
No. So long as the injury was suffered in the course of employment, employees generally are entitled to worker’s compensation benefits.

Am I paid while I’m off work?
Yes, if a claim is compensable, and the employee is not able to work, the employee is entitled to temporary total disability ("TTD") benefits. These are paid at 2/3 of your average weekly wage, and begin after the employee has been off work 7 days.

What happens when I’m finished treating?
TTD generally continues until the employee reaches maximum medical improvement or is able to return to work. Once this happens, the treating physician should give the employee a Permanent Partial Impairment ("PPI") rating. The PPI rating is the basis for the final settlement of your claim.

Do I have to accept the PPI rating given by my employer’s physician?
No. While PPI ratings are based on medical guidelines, there is a subjective element to it, and physicians oftentimes do disagree. Therefore, you are entitled to see another physician at your expense and obtain another PPI rating.

What if I am totally and permanently disabled?
Indiana law allows an employee who is totally disabled to be paid a fixed sum of money over a period of time. Consultation with an attorney is essential to maximize benefits from the workers compensation carrier, social security, and long-term disability plans.

Do I have to go to the doctor my employer chooses?
Yes, but in certain situations an employee may request an independent medical examination or seek his own physician.

Am I entitled to any benefits besides workers compensation?
Usually no, but the employee may have a case against someone other than the employer. This can occur, for example, in auto accidents or workplace accidents involving a machine, and is an issue which should be discussed with an attorney.

Is there a statute of limitations in which to bring my claim?
Yes, an employee must file the workers compensation claim within 2 years of the date of injury, though occasionally the time limit may be extended (or tolled). Consultation with an attorney on these issues is essential.

What happens if my condition gets worse after final settlement?
In Indiana, a claim may be revived after a final settlement if there has been a change in condition. But, there is a limited time to file the case. It is important to consult with an attorney concerning any change in condition and the possibility of renewing a claim.

Can I get continued medical care after I settle my claim?
Several Indiana cases have required employers to provide ongoing future medical care, including pain management. Medical evidence and physician opinions are necessary for such an award.