An overview of benefits injured employees are entitled to under the Indiana Workers' Compensation Act.
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Reid Murtaugh, Workers Comp Attorney; Lafayette, IN Withered Burns, LLP
Overview of the Indiana Workers Compensation Act
Like most states, Indiana has a private insurance workers compensation system. Employers must carry insurance in order to cover their liability for injuries sustained by workers in the course and scope of their job. A small number of employers are selfinsured, meaning they have received special approval from the Workers Compensation Board to pay claims out of their own funds. The Workers Compensation Board has exclusive jurisdiction to hear claims for personal injury or death by accident arising out of and in the course of employment. Workers compensation provides limited benefits to injured workers in the form of 1.) medical treatment; 2.) compensation for lost wages; and 3.) compensation for the loss or loss of use of parts of the body. These are the only benefits an injured employee may be entitled to under the Acts, unless they are rendered permanently and totally disabled. If an employee dies in a workplace accident, the employees dependents may become eligible to collect certain death benefits. When a compensable injury occurs, the employee should receive immediate medical treatment if necessary. If the employee is temporarily unable to work because of the injury, he or she is considered disabled and may receive limited wage-replacement compensation, called temporary total disability, or TTD. The employee may be placed on light duty or on a reduced schedule, in which case partial disability payments may be provided. When the injury heals to the point that it will likely get no better and no worse the employee is said to have reached maximum medical improvement, or MMI. The employee may now be examined to determine if there is any permanent impairment, meaning a permanent loss of a body part or function. If the injury is found to result in a permanent impairment, the employee will be compensated according to a statutory schedule. Claims for work injuries will be handled initially by the employer or its workers compensation insurance carrier. If a dispute arises, either the employer or the employee may file a claim with the Board and request a hearing before a workers compensation judge. Note: The material is copied from the Indiana Guide to Workers Compensation produced by the Governors office, which can be found free at http://www.in.gov/wcb/handbook/HANDBK2007.htm.