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What are the Elements of an Approved Indiana Worker’s Compensation Claim?

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As stated in the Indiana Worker’s Compensation Act, all of the following elements must be met in order for a worker’s compensation claim to be accepted as compensable, or eligible for compensation. If these elements are met, the employer is responsible for providing the appropriate benefits to the injured employee:

1. Personal injury or death

This means an injury or death occurred. This does not refer to a disease as a job-related injury. Workplace diseases fall under a separate law governing occupational diseases.

2. By accident (unexpected injury or death),

This means the injury or death was unexpected by the employee and employer. This includes injury or death from an unexpected event or an unexpected result.

3. Which arose out of the employment, and

There must be a direct link between the work injury and the job duties of the injured employee; the job put the worker at risk, which resulted in his or her unexpected injury or death.

Please note that the law in this area of “arising out of the employment” is constantly changing. You should consult with the Worker’s Compensation Board or an attorney for further guidance.

4. Arose in the course of the employment.

This considers the time, place, and circumstance of the injury. To meet this requirement, the incident must occur during the employee’s working hours, at a location the employee would be expected to be for his or her job, and under conditions that qualify as work-related.

Locations that an employee would be expected to be can extend to the restroom inside your place of employment, the employee parking lot, or even someplace away from your place of employment if you are required to be at this other location as well.

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