Every year, employees in any occupation get injuries or become sick due to factors beyond their control. Statistics by the BLS indicate that the private industry alone reported more than 2.8 million work injuries (non-fatal) in 2019.
In 1915, the Indiana General Assembly approved the Worker’s Compensation Act, which is in effect up to date. The Act creates a system that regulates the provision of benefits to the injured or sick workers. If you are an employer, it is safe to be conversant with the Act to avoid legal issues. Unfortunately, most people find it difficult and confusing to understand the Act. Below are the frequently asked questions about Indiana Workers’ Compensation.
Who Qualifies for Workers’ Compensation Benefits?
Employees are eligible for worker’s compensation if injuries or illnesses occur while on duty. If it occurs when they are off duty, they don’t qualify for the compensation.
Does the Workers’ Compensation Act Cover the Independent Contractors?
The Indiana workers’ compensation does not cover independent contractors.
What Action Should a Worker Take after an Injury?
The worker must notify the employer about an injury any time before the 30th day; otherwise, they may deny your claim. For the best of your interests, ensure you report immediately you get an injury. It allows sooner commencement of your compensation benefits.
What Happens If The Worker Has To Stay Out Of Work Due To Injury?
If you have to stay out of work for one day or more, the employer must fill and send the Employer’s Report of Injury form to you and the insurance company within seven days. The insurance company has to file the report with Indiana Workers’ Compensation Board. Additionally, the insurance company must either accept or deny the claim within 29 days.
Does the Act Cover a Minor?
The Indiana Workers’ compensation act covers minors who are below 17 years at the time of injury. The minor could even receive double benefits if there were an infringement of the Indiana labor law.
Does the Act cover Psychological Injuries?
Yes, provided the psychological injuries arise during the employment tenure. The injured worker has to undergo thorough psychological tests to prove that.
What if an Employer Denies The Claim?
The workers can pursue an appeal if the employer denies the claim or where the insurance company disputes any portion of the claim. The process involves filing an Application for Adjustment form with the Workers’ Compensation Board of Indiana.
After that, a hearing is held, and the workers’ compensation judge issues a written decision. If an employee doesn’t agree with the Judge’s decision, they have 30 days to file an appeal with the full board.
Who is Subject to Litigation?
The workers should use the Indiana Workers’ compensation if the injury occurred in Indiana. Rather than suing the employer, they may consider other settlement options other than workers’ compensation. Manufacturers, other contractors in the workplace, or particular safety supervisors could be subject to liability depending on the injuries.
Do Employers have to reveal their Worker’s Compensation Carrier?
It is a requirement that the employers display the details of their insurance carrier, including name, telephone line, and address, in a conspicuous location. If employees can’t find the information, the Act requires them to reach out to the Indiana Workers’ Compensation Board.
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