What is “Indiana Worker’s Compensation”?

Medical Treatment--your most important benefit by far

  • Employer has the right to direct your treatment. In other words, the employer or its insurance company will select your doctors.
  • Medical treatment provided until you reach “maximum medical improvement”
  • Employer or the worker’s compensation carrier may hire a Nurse Case Manager (“NCM”) to schedule and attend your doctor appointments. Cooperate with this person, but remember that the NCM works for the insurance company.

Weekly Disability Benefits--paid at 2/3 of your Average Weekly Wage up to a maximum of $508 per week (date of loss after 7/1/00), $548 per week (date of loss after 7/1/01), $588 per week (date of loss after 7/1/02), or $600 per week (date of loss 7/1/2006 – 6/30/2007) 

  • Average Weekly Wage is your average wage for the 52 weeks before the injury and includes overtime, bonuses, tips, and benefits
  • 7 day waiting period (i.e., you do not get paid for the first 7 days off unless you end up being off more than 21 days)
  • Terminate when you are released to light duty, and your employer can accommodate the light duty restrictions, or when you reach “maximum medical improvement”

Permanent Partial Impairment--Lump sum settlement for permanent injuries when the doctor releases you for good

  • Usually based on a doctor’s “impairment rating”
  • You have the right to have your own doctor give you a second opinion regarding your impairment rating (You must pay for this, but a second opinion can result in a higher settlement if your doctor thinks you have a higher impairment)

Permanent and Total Disability

  • Permanently and totally disabled means that you are unable to perform “any reasonable employment”
  • Extremely difficult to prove –it does not mean that you are “unable to return to your old job”
  • Benefit paid is 500 weeks of your of weekly disability pay up to a maximum of $300,000 (minus disability benefits already paid).

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