Indiana Workers' Compensation Claims
UPDATED: March 10, 2020
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Indiana workers' compensation claims for income benefits, medical benefits, death benefits, funeral benefits, permanent disability benefits, or others should be filed by employees who have been injured at their jobs or who develop diseases because of continual exposure to harmful conditions at the work-site. In Indiana, employers are required to have workers' compensation insurance, regardless of whether their employees are full-time or part-time. As a result, most Indiana workers are entitled to file for workers' compensation benefits. Employees suffering from occupational illnesses or injuries should submit their claims to the Indiana Workers' Compensation Board as soon as possible after they learn of their injuries or diseases.
Process for Indiana Workers' Compensation Claims
Notify your employer that you have been injured in a workplace accident, or are experiencing symptoms of an occupational illness. Your employer will then submit an Employer's Report of Injury (Form 24401) to the Indiana Workers' Compensation Board. Your boss must file the Employer's Report of Injury form within twenty-nine days of being informed of your workplace injury or illness. Alternatively, your employer has twenty-nine days to tell you he will not file your claim. The statute of limitations for workers' compensation claims in Indiana is one year, and if your workers' compensation claim is not filed within this time period, you may lose your chance to get benefits for lost income, medical treatment, and/or permanent disability.
You should also immediately seek medical attention for your injury or illness. Inform the doctor treating you that you sustained the injury or illness as a result of your work duties. The physician will note this in the records, which is important as it may become necessary to consult these medical records in the future if your claim is contested or denied.
If your employer refuses to file the Employer's Report of Injury, or if you simply have questions about filing an Indiana workers' compensation claim, you should speak to an experienced Indiana workers' compensation attorney.
Reasons to Hire an Indiana Workers' Compensation Attorney
The receipt of workers' compensation benefits can be crucial if you have been injured and cannot work – either temporarily or permanently. Discussing your case with an Indiana workers' compensation lawyer can help simplify the process of filing an Indiana workers' compensation claim – an attorney will assist you in formulating a strategy for your case, explain the intricacies of Indiana workers' compensation law, and keep track of the filing deadlines to ensure that you do not miss your opportunity to file for workers' compensation benefits. Additionally, if your employer contests your claim, is uncooperative, or is under-insured, an Indiana workers' compensation lawyer can assist you in convincingly arguing your case and getting you the benefits you deserve.
Additionally, if a third party was involved in causing your injury, filing your Indiana workers' compensation claim can become more complicated, and an experienced Indiana workers' compensation attorney may be able to help you come up with a plan for structuring your case. For instance, if you are injured because of a manufacturer's defective product, the manufacturer will bear some responsibility for your injuries, and the amount your employer owes you may change.