Indiana Workman's Compensation Rules
- All employers in the state of Indiana must have workman's compensation insurance. The only employer exempted from this rule is the state itself, which participates in a self-insurance program. Employers may also choose to participate in a self-insurance program, whereby they furnish the state with proof of their ability to pay for workman's compensation claims out of company funds. Employers must pay an initial $500 application fee and a $250 renewal fee as of 2010 for self-insurance.
- Workers will, of course, want to know what is covered under Indiana workman's compensation rules. Your employer's insurance or self-insurance covers your medical bills, rehabilitation costs and two-thirds of your average income over the last calendar year up to $600 per week as of 2010. Workers' compensation benefits are not taxed in the state, so you will have nothing deducted from your weekly check.
- In Indiana, your employer will direct your medical care while you receive workman's compensation. Those who feel they are not receiving adequate or appropriate medical care are not without recourse, however. You may file an application with the state workers' compensation board to adjust your claim. The state board recommends that all workers receiving compensation benefits communicate their medical needs to their employer. In a worst-case scenario you can get a lawyer to help you resolve your dispute.
- Indiana is an "at-will" employment state meaning that employees may be fired for any legal reason or no reason at all. However, Indiana law does define terminating an employee for filing a workers' compensation as an illegal reason for termination. You do not have the right to return to work at your pre-compensation salary or in the same position. Nor can the Workers' Compensation Board assist you with discrimination. You must file a civil suit with your own attorney.
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