Injuries can often occur when working conditions are not regularly monitored
for safety and compliance per standards of the Occupational Safety and
Health Administration (OSHA). These are guidelines and standards put in place to prevent injuries.
Because these injuries still occur, Indiana state law requires most businesses
to have workers’ compensation insurance. Employers must provide
workers with medical, rehabilitation and income benefits if they are injured
on the job using accident insurance paid for by them and used for employees.
A new Indiana workers’ compensation reform bill may ensure those
benefits come through faster than current release dates.
S.B. 290 was passed in the state Senate 47-2 in early February and has now moved
onto the House. The bill would establish a time frame for workers’
comp payments to be released and penalize employers who do not pay on
time, according to the bill’s latest texts. The bill would also
require employers to send remote employees workers’ comp coverage
information in an electronic format. It would also allow the electronic
filing of certain documents with the Workers’ Compensation Board
and would require permanently disabled workers to reapply to the second
injury fund for a wage replacement benefit every three years instead of
every 150 weeks.
These benefits are provided to help an employee return to work but also
provides benefits to dependents if an employee passes or is seriously
injured as the result of a job-related injury. Almost all on the job injuries
will be covered. Although many employers do not understand this point,
a workers’ compensation claim cannot be denied because it was the
employee’s fault. Workers’ comp is a “no fault”
system. So, if an employee has been injured in a work accident they must:
Indiana employers’ private insurers administer and pay claims to
injured workers. The maximum rate is set by the legislature and changes,
sometimes, every year. As of July 1, 2016, the maximum average weekly
wage is $1170, so the maximum wage replacement benefits weekly would be
$780.00. If an employee is injured while working at a job, it is likely
they are entitled to some of the workers’ compensation benefits
Like other personal injury cases in Indiana, there are time limits to file
a claim. Under the
Indiana Worker’s Compensation Act, injured employees have two years from the date of injury to file an
Application for Adjustment of Claim with the Indiana Work Comp Board. However, the time to file can be extended if temporary total disability
(TTD) benefits are being received.
Employers are not allowed to fire employees for filing a workers’
compensation claim or retaliate against them. But if they are fired because
their injury prevents them from performing their job, then the employer
or the insurer would be obligated to pay out Temporary Total Disability payments.
Four out of every 100 workers are
injured or killed each year on the job in Indiana. If you or family member are one of them,
it is recommended that you consult an attorney as soon as possible, especially
if you are contemplating filing a claim or if you feel that your rights
Workers’ Compensation Act are not being upheld, or feel you have been wrongly discharged.
With years of experience and proven results, Stephen Wagner and Jason Reese
can handle your Indiana work injury claim. Call the law firm of Wagner
Reese today (888) 204-8440 and discuss your case at no cost.