Question: My employer has denied me lost wages when I was sent to be examined and during appointment times that I was scheduled for work. Is this legal? How do I go about recovering work time hours lost?
Answer: You are correct that your employer’s actions are contrary to the Indiana Workers’ Compensation Act. You are not alone in your problems. In fact, this is something we face quite often.
According to Ind. Code §22-3-3-6(b), if the employee is required to miss work because of an examination scheduled by the employer to determine the compensability of a claim or to report on the employee’s disability or impairment, the employee is entitled to full reimbursement for any loss of wages.
Your employer can require the examinations to take place outside your work hours and in that case you would not be reimbursed for your time.
You may need assistance to secure these benefits. It is your right to either represent yourself in a worker’s compensation dispute or to hire an attorney. When deciding whether or not you want to involve an attorney, keep in mind that Indiana’s workers’ compensation laws are written in a way which tends to favor the employer as opposed to the injured employee.
Many employees think that they cannot afford an attorney, however, attorney fees are controlled by the Act as well and they come out of any recovery we make on your behalf. If you would like to discuss representation in reference to your work injury, please give our office a call at (317) 569-9644 and we can discuss the matter with you.