[Wolfangel77]

My question involves workers compensation law for the state of: Indiana
My dad is a truck driver and sustained injuries to his neck while on the job. The company stated that he has not been with them long enough to receive benefits. At the time of the incident he had been with them for approximately 9-10 months. They said he needed to be with them for 12 months. He has been unable to work for three months, still has his job, just not getting any pay of any kind. I didn't think there was a time frame, if you are injured on the job than that should be covered, am I right? I hate to have him push the issue and risk losing his job, but my parents are close to losing everything.

[Betty3]

If the worker was not employed for all of the fifty-two weeks preceding the injury, the employee’s average weekly wage must be calculated by dividing the total earnings by the number of weeks actually worked, if this method results in a just and fair result to both parties. Ind. Code §22-3-6-1(d)(2).