Workers Comp FAQ’s

Indiana Workers Compensation FAQ’s

The latest Frequently Asked Questions related to Workers Compensation Law in Indiana, brought to you by David Lutz, Fort Wayne Workers Compensation Lawyer.  If you have been injured on the job, contact us for a free case evaluation.

Q – What benefits are available to injured workers under the Indiana Worker’s Compensation act?

The Indiana Worker’s Compensation Act provides the following to injured workers:

—->  Medical care to be provided by the employer and its worker’s compensation insurance company.

—->  Wage replacement benefits called Temporary total disability (TTD) benefits and Temporary Partial disability (TPD) benefits paid out on a weekly or biweekly rate of 66 2/3% of the injured worker’s average weekly wage (AWW).

—->  Permanent Partial impairment (PPI) benefits paid to the injured worker based on the permanent partial impairment percentage rating given by a medical doctor.

—->  Permanent Total Disability (PTD) benefits paid out on a weekly or biweekly basis at the rate of 66 2/3 % of the injured worker’s average weekly wage AAW). It is paid when the injured worker cannot return to any type of reasonable employment after the worker’s medical condition has reached what is termed maximum medical improvement (MMI).

Q – How are my Temporary Total Disability (TTD) benefits calculated?

  • In Indiana when you are unable to return to work because of your work-related injury and you have a physician taking you off work or you have restrictions that your employer cannot or will not accommodate, you are entitled to receive weekly or biweekly TTD checks. The amount is based on your Average Weekly Wage (AWW). You are entitled to receive 66 2/3% of your AWW up to a maximum depending on the date of your injury.

Q – Are my worker’s compensation benefits taxable?

  • No, worker’s compensation benefits are specifically excluded from income taxes.

Q – Can my employer terminate me while on worker’s compensation?

  • Indiana is considered an “employment at will” state. What this means is that an employer may hire, fire, promote, demote, layoff, suspend at its discretion so long as it does not discriminate against the employee because of age, sex, race, religion, national original or disability.

  • Also the employer cannot fire an injured worker for pursuing and asserting rights under the Indiana Worker’s Compensation Act.

Q – When I have a work injury, can I choose the doctor to treat me?

  • The Indiana Worker’s Compensation Act specifically gives the employer and its worker’s compensation insurance company the right to direct and control the medical treatment and care the injured worker receives. So generally, no, you cannot choose your medical care. There are exceptions. Sometimes the employer will let you to choose your own medical care. If you need emergency medical care and are not able to provide your employer an opportunity to authorize medical care, your employer may be responsible. However, you will want to notify your employer of the medical care as soon as possible. If your employer fails to provide medical care to you, you are free to go to a doctor on your own.

  • You always have the right to seek medical treatment at your own expense.

Q – How do I find the right worker’s compensation attorney?

  • Choosing the right worker’s compensation attorney is very important. There are different kinds of lawyers. There are lawyers who are general practitioners, they have a general knowledge in many areas of the law.  There are other lawyers that limit their practice to just one field, such as personal injury, family law, tax law, bankruptcy law, criminal law and so on.

  • David M. Lutz LLC limits our practice to representing injured employees. By doing so, it is our belief that we are able to provide you with better service and achieve better results.

Q – How long will my case take?

  • Every case is different, the same holds true for worker’s compensation cases. There is simply no set time for the resolution of your case. The following are factors that can affect the duration of your case:

     –> The type of injuries you received.
    —> How long it takes to complete your medical care.
    —> Whether you are able to return back to employment after your medical treatment has been completed.
    —> How well you communicate with your legal team.

Q – What is my case worth?

  • Every worker’s compensation case is different. There are certain benefits that are available to the injured employee. The value of your case will depend on the extent of your injuries as well as your inability to return to employment. What is safe to say, is that in Indiana you will not be made whole.  The Worker’s Compensation Act provides certain limited benefits. Therefore, it is important to hire an attorney who will aggressively and creatively come up with ways to maximize your recovery.

  • At David M. Lutz LLC we aggressively fight for full compensation for our clients. This applies to all cases whether the injuries are minor or severe.

Q – Can I sue my employer for my work injury?

  •  In Indiana, when you suffer an on the job injury, your only recourse against your employer is through the Indiana Worker’s Compensation Statute. Your exclusive remedy is determined by the Indiana Worker’s Compensation Statute. You’re only entitled to medical care and benefits as set forth by the Indiana Worker’s Compensation Statute. You are not entitled to any damages for pain and suffering.  You do not have a right to a jury trial. So yes, your can sue your employer, however your claim will be decided by a worker’s compensation judge.

David Lutz LLC

4203 W. Jefferson Blvd
Fort Wayne, IN 46804

Phone:  260-432-3700
Toll-Free: 800-424-2667


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