Indiana Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of Indiana's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Indiana's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Indiana.
Contents
- Introduction
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
Indiana's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.
Special Employment Situations
Agricultural employers may secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. Employers may provide voluntary worker's compensation coverage for domestic servants.
Medical Benefits & Choice of Physician
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the physician who will provide care.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments may continue for up to 500 weeks, subject to a cap on the total payment received.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD may continue for up to 500 weeks.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment.
Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.
Benefits may be available for permanent disfigurement which impairs the future usefulness of opportunities of the employee.
Physical and vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. burial allowance is available.
Limits on Attorney Fees
Attorney fees for claimants are approved by the agency on a case-by-case basis. In certain cases, the attorney fee may be added to the award.
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