filing claim with work comp board

When an Employer or Insurance Carrier Acts in Bad Faith or Lacks Due Diligence


The Indiana Worker’s Compensation Act gives the Worker’s Compensation Board the authority to determine if an employer or the employer’s worker’s compensation carrier acted in bad faith or lacked due diligence in handling an injured worker’s claim. These terms simply refer to the responsibility of employers and worker’s compensation insurance carriers to handle claims with persistence, attentiveness, and in good trust.

If an employer or their insurance carrier is found to have acted in bad faith or lacked due diligence, the Board can impose fines which are to be paid to the injured employee between the amount of $500 and $20,000. Additionally, attorney fees may be awarded by the Board in these cases of up to 33 1/3% of the amount awarded to the injured worker.

How do I cover my loss of income if my worker’s compensation claim is denied?


If your claim is denied, you will not receive lost wages from worker’s compensation for time off work, even if your personal doctor has ordered you off work, unless you are successful later on in winning your contested claim.

Get an Off Work Slip

In order to prove you are entitled to lost wages, you will need to make sure that you obtain an off work slip for each of the days that your doctor orders you off work as a result of your work injury. This is especially important to do if you treat with different doctors each time you receive treatment particularly at facilities such as a veteran’s hospital or a public hospital.

Use Your Paid Time Off

Further, in order to not jeopardize your job, you should consider using paid vacation time, sick days, or personal days when you need to be off for the work injury, or you can file for short-term/long-term disability benefits if this is offered by your employer. You can also request up to 12 weeks of unpaid time off through The Family and Medical Leave Act (FMLA) if both you and your employer qualify for FMLA. Please note that if you use FMLA and do not return to your job at the end of 12 weeks, you may be fired.