Introduction
The Indiana Worker's Compensation Act is the exclusive remedy against the employer for a worker injured on the job. This outlines Worker's Compensation to help you understand your rights.
For further information, consult Mindel & Mindel.
Types of Benefits Worker's Compensation
TTD: Temporary Total Disability compensation is paid to an accidentally injured worker who cannot return to work for a limited period of time. The benefit is calculated at 66-2/3% of the average weekly wage. There is a maximum average weekly wage set by statute. The maximum average weekly wage and the maximum average weekly benefit from July 1, 2009 and thereafter are:
Date Injury
Maximum Wage Week
Maximum Benefit/Week
Maximum Compensation TTD, TPD and Death Benefits
July 1, 2009
July 1, 2014
July 1, 2015
July 1, 2016
$975.00
$1,040.00
$1,105.00
$1,170.00
$650.00
$694.00
$736.00
$780.00
$325,000
$347,000
$368,000
$390,000
TTD benefit may not exceed 500 weeks, except in cases of Total Permanent Disability, where if someone qualifies for Secondary Injury Fund. An independent medical examination process is established if the worker disagrees with the employers decisions to terminates TTD benefits. The employer must continue to pay benefits for fourteen (14) days during this period. TTD benefits of more than 125 weeks are deducted from any further award for Permanent Partial Impairment (PPI).
PPI: Permanent Partial Impairment compensation is paid to an injury worker to compensate him/her for permanent injuries he/she may have sustained through a job injury. PPI is a percentage/degree that rates how close to 100% entitles you to compensation. The rate compensation is set fourth by statute. The rates for PPI compensation from July 1, 2009 and thereafter are:
Percentage/Degree of Impairment
Dollars per Percentage/Degree by Date of Injury
7/1/10
7/1/14
7/1/15
7/1/16
0-10%
11-35%
36-50%
51-100%
$1,400
$1,600
$2,700
$3,500
$1,517
$1,717
$2,862
$3,687
$1,633
$1,835
$3,024
$3,873
$1,750
$1,952
$3,186
$4,060
Please note that a worker receives a PPI rating from the worker's compensation doctor. That worker has the right to seek a second opinion on his/her own. Often times, these second opinions may be higher and entitle you to additional compensation.
PTD: Permanent Total Disability is compensation paid to an injured worker who will never be able to maintain any type of employment again due to a work-related injury. The employer is responsible for 500 weeks of payments, less any TTD and/or PPI paid to the worker. After that, the state maintains a Seconds Injury Fund which, if eligible, may continue a permanently totally disabled worker's benefits well beyond those 500 weeks.
Medical Expenses: Indiana employers are responsible for paying 100% of all medical expenses related to a compensable work-related injury. The injured worker should not have to put any medical payments on his/her own private insurance; make any medical payments; or pay any deductibles. However, the statute allows the employer to choose the doctor and the employee must cooperate with this choice or risk losing worker's compensation benefits. If the worker feels the doctor has released you too soon, there is an independent medical examination process that may help.