The Workers’ Compensation Board requires that attempts be made to settle a workers’ compensation claim before having a formal hearing. Recorded statements, depositions, and interrogatories, are all conducted so parties have a better understanding of the work accident claim and what might realistically be a fair settlement to offer to avoid having to go to court.
Mediations are a last ditch effort to settle a case before it would go to court. In a mediation, the parties hire an outside, neutral person known as a mediator, to sit in on a discussion about the case with the parties. Mediators will offer advice to both sides on how they could resolve the disputed issues. Although mediations have a high success rate, it is a completely voluntary effort, so you cannot be required to accept a settlement offered during this process.
If you have not received a form that lets you get an independent medical examination (IME), but you have been released from the worker’s compensation doctor, then you can contact the worker’s compensation insurance carrier and ask about it.
If you find out that you are not eligible for an independent medical examination (IME) through the Board, then you can seek one at your own expense and try to use your doctor’s report as leverage to get your benefits reinstated. Obviously, this would only happen if the doctor’s report is favorable to you.
If you do seek an IME, make sure you select a doctor with an excellent reputation or the Board may discount your doctor’s opinion.
Notice: The following is a brief clarification regarding permanent partial impairment (PPI) ratings to the shoulder and hip. Please note that when injuries are specific to either of those body parts, because both are part of the torso, the impairment rating should be made to the body as a whole. This explanation is intended to provide clarity and direction to all involved parties, particularly physicians, who make the actual assessments on which we all rely. Please contact Kathy Haynes for assistance with the calculation of ratings.
Notice: The 2012 Self-Insurance application and guidelines are now available. Please click here for more information and to download these forms.
Notice: Effective May 21, 2012, the Worker’s Compensation Board ofIndiana will require that all filings be made on the most recent State form. These forms are available on our website and notice will be given via e-mail to our newsletter subscribers when a form has been amended. Filings made on outdated forms will be rejected and may subject the filer to penalties related to tardiness.