Time Limits for Filing a Worker’s Compensation Claim in Indiana
In general, two years is the timeline for filing a claim in an Indiana worker’s compensation matter. It is extremely important to note when this period of time begins running, as it differs depending on the type of accident and injury.
Date of Accident
The law states that an injured worker has two years from the date of the accident to file a claim with the Worker’s Compensation Board of Indiana.
Unexpected Consequence
On the other hand, if the accident is the unexpected consequence of performing one’s job duties, such as a repetitive trauma injury, the Court has held that the two year time constraint begins “when the injury is discernible by the employee,” which is usually the date that the injured worker first seeks treatment for the work injury.
Death
In the case of a worker who has died as a result of the work accident, the dependents have two years from the date of death to file a claim.
Disability Benefits
If the worker receives disability benefits as a result of the accident for time missed from work, he or she has “two (2) years from the last date for which compensation [includes temporary total disability income, a permanent partial impairment award, and permanent total disability pay] was paid” to do something legally about this worker’s compensation matter. Please note that the last date for which compensation was paid refers to the ending date of your pay period, not the last day that you received a check in your mail.
Time limitations for Indiana worker’s compensation claims can be very tricky, but they are VERY important to understand for your particular claim. You should consult an attorney to further explain these limitations.
Can an Employer use Surveillance Video Against You in an Indiana Worker’s Compensation Case?
Yes.
It is legal for an employer or their insurance carrier to use surveillance videos as part of their investigation.
And–if properly entered as evidence before a hearing– the video can be used against you if you were caught being dishonest. For example, if your employer has you on video tape hanging party decorations after claiming a shoulder and back injury, your employer may use this video evidence against your claim.
Is an injury resulting from horseplay at work covered under the Indiana Worker’s Compensation Act?
It depends.
If your employer is aware of and has gone along with this kind of activity in the past, then your injury may be considered in the course of the employment. Similarly, if you were horsing around but stopped so you could get back to work, and the other person kept messing with you leading to your injury, you may meet the standard.
In other words, if you were the innocent victim of another person’s horseplay, or if your employer allows the horseplay to proceed without intervening, the injury may be compensable. Otherwise, a worker injured while participating in horseplay is not entitled to worker’s compensation.
Auto Accident Coverage under Worker’s Compensation
A common question Worker’s Compensation attorneys receive is: “If I am driving to or from work and I am involved in an auto accident, will this be covered under the Indiana Worker’s Compensation Act?”
The answer to this question depends on the situation. You may be covered if your work time begins when you leave your home and ends when you return, AND you were in a direct route to or from work, as opposed to making a pit stop to run a personal errand.
Employees are generally not covered while traveling to and from work, if the place of employment is at a fixed location. However, travel to remote work sites may be compensable. If an employee is injured while being transported to or from work/work sites in vehicles provided by the employer, then the employee is probably covered. Accidents occurring while traveling to or from work in the employee’s personal vehicle may be covered if the travel is required for work.
For further information regarding auto accident coverage under the Indiana Worker’s Compensation Act, you should consult a qualified worker’s compensation attorney.
Are pre-existing conditions that have been aggravated by a work injury covered by the Indiana Worker’s Compensation Act?
Yes, if the work accident caused aggravation of the prior condition, then what has been aggravated should be covered.
Aggravating a prior injury or condition
Aggravation of a prior injury or condition is covered if the aggravation occurs by accident, arising out of and in the course of employment. However, the employer is only responsible for the part that was aggravated and the increase in impairment that may result. The extent of aggravation is typically left up to a doctor to clarify.
Example:
Cheryl has had problems with her right elbow since childhood. However, her condition was not serious enough to require surgery.
Recently, Cheryl slipped on some ice in the employee parking lot on her way into work which caused further injury to her right elbow. As a result, she underwent several surgeries and was assigned a permanent partial impairment rating to her right elbow by the orthopedic surgeon.
There are a couple of points to note from this example.
- First, injuries that occur in employee designated parking areas during the time that the employee would be expected to enter or exit the place of employment, are usually covered by the Indiana Worker’s Compensation Act.
- Secondly, although in this particular example it is easy to see that the work accident did indeed aggravate Cheryl’s prior condition to her right elbow, not all cases of aggravation are this obvious. Therefore, a specialist (like an orthopedic surgeon) will be asked to distinguish between the employee’s prior and more recent problems. The worker’s compensation insurance carrier will only be responsible for the part that was made worse by the work accident.
Does the Indiana Worker’s Compensation Act Cover Psychological Injuries?
Yes, the Indiana Worker’s Compensation Act covers psychological injuries as long as they meet the injury by accident, arising out of and in the course of employment standard. In order to prove this, the employee will likely have to undergo comprehensive psychological testing.
Physical injury caused by psychological trauma
A physical injury caused by psychological trauma is potentially compensable assuming that the stimulus or stress arises out of and in the course of employment.
Physical & psychological injury
Where there has been a pysical worker’s compensation injury and the injured worker’s disability is prolonged or impairment is increased by accompanying psychological dysfunction, the full extent of disability and impairment may be compensable.
Preexisting psychological injuries
Preexisting psychological shortcomings and weaknesses of the injured worker which are aggravated or precipitated by physical injury and trauma may be found to be compensable to the full extent of the aggravation of the preexisting psychological dysfunction.
What are the Elements of an Approved Indiana Worker’s Compensation Claim?
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.
How to Find Out Your Employer’s Worker’s Compensation Insurance Information
Employers are required by law to post the name, address, and telephone number of their worker’s compensation insurance carrier in an obvious area within the workplace (for example, in the breakroom). You may also ask your employer for this information.
If your employer says they do not carry worker’s compensation insurance and you have been injured on the job, you can contact the Worker’s Compensation Board of Indiana to verify whether your employer has worker’s compensation insurance. If your employer does not carry insurance, the Board will take action against your employer. The law allows penalties to be assessed against any employer who fails to carry worker’s compensation insurance in the state of Indiana.
Are temporary employees covered by the Indiana Worker’s Compensation Act?
Yes, the Act covers temporary or leased employees. Most likely, the company that leases or temps you would be the one liable for worker’s compensation benefits should you be injured at one of your places of employment.
Court of Appeals Rules Independent Contractor’s Death Already Properly Compensated
The Indiana Court of Appeals determined that the estate of an independent contractor who died after falling off a ladder has been properly compensated through the state Workers’ Compensation Act. Therefore, the estate cannot claim at a later date that his injuries occurred outside the scope of employment.
The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers’ compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.
In The Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders, No. 43A01-1103-PL-136, an appellate panel affirmed the judgment of Kosciusko Superior Judge Duane Huffer in dismissing the estate’s lawsuit against Keystone Builders.
Eugene Smith, who worked for Keystone Builders, broke his neck and died when he fell 20 feet from a ladder in March 2010. Smith’s widow and estate agreed that Smith’s workers’ compensation claim would be settled for a lump-sum settlement of $100,000. In October 2010, however, the estate filed a complaint against Joshua Stutzman, alleging that Smith’s death was the result of Stutzman’s negligence in maintaining a safe workplace. Since Smith was an independent contractor and not an official employee, the estate argued that the claim was valid.
The trial court entered a default judgment against Stutzman, but ultimately dismissed the case in Stutzman’s favor because the Worker’s Compensation Board has exclusive jurisdiction.
Applying its own caselaw about workers’ compensation coverage, the appellate panel also relied on Sims v. U.S. Fidelity & Guar. Co., 782 N.E.2d 345, 349-350 (Ind. 2003), in which the act’s exclusivity provision bars a court from hearing any common law action brought by an employee for the same injury.
On the issue of whether Smith was an employee, the parties agreed to resolve those differences via a settlement agreement.