By River Blake 
Workers’ compensation laws are in place to protect employees who are injured on the job. In Indiana, as in many other states, employers are required to carry workers’ compensation insurance to ensure that injured workers receive medical care and compensation for lost wages. However, violations of these laws can occur, potentially leaving employees without the benefits they are entitled to. In this article, we will explore what constitutes a violation of workers’ compensation laws in Indiana, common issues employees face, and the steps to take if your rights are violated.
What is Workers’ Compensation?
1. The Basics of Workers’ Compensation in Indiana
Workers’ compensation is a state-mandated insurance program designed to provide compensation for employees who are injured or become ill as a result of their job. This includes medical treatment, wage replacement, and rehabilitation services. In Indiana, the law requires most employers to have workers’ compensation insurance to cover these costs. However, workers’ compensation is meant to be a no-fault system, meaning that employees do not need to prove that their employer was at fault to receive benefits. Instead, the focus is on getting the injured worker the necessary care and compensation.
2. How Workers’ Compensation Benefits Work
When a worker is injured on the job, they are entitled to specific benefits under Indiana workers’ compensation laws. These benefits include:
- Medical Benefits: Coverage for necessary medical treatment related to the injury or illness.
- Wage Replacement: A percentage of the worker’s wages while they are unable to work due to their injury.
- Disability Benefits: If the injury results in permanent disability, the worker may be eligible for ongoing disability benefits.
- Vocational Rehabilitation: If the injury prevents the worker from returning to their former position, they may be eligible for job retraining or rehabilitation.
Common Violations in Indiana Workers’ Compensation Claims
While the system is designed to help injured workers, violations of workers’ compensation laws are unfortunately common. These violations can occur when employers or insurance companies attempt to deny, delay, or minimize the benefits owed to employees. Some common violations include:
1. Failure to Report Injuries or File Claims
In Indiana, employees are required to report their injuries to their employer within a reasonable amount of time, typically 30 days, and file a workers’ compensation claim. However, some employers or insurance companies may fail to process claims in a timely manner, leading to delays in receiving benefits. In some cases, they may even attempt to discourage workers from filing claims altogether.
2. Denial of Benefits
An employer or insurance company may wrongfully deny a workers’ compensation claim. Common reasons for denial include claims that the injury was pre-existing, not work-related, or that the worker failed to follow proper procedures. However, a denied claim does not necessarily mean that the worker is ineligible for benefits, and workers have the right to challenge these decisions through legal action.
3. Retaliation Against Workers for Filing Claims
It is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. Retaliation may include firing, demoting, or reducing the worker’s hours. Employees have legal protection under Indiana’s workers’ compensation laws against such actions, but retaliation cases are often difficult to prove.
4. Failure to Provide Proper Medical Care
Employers and their insurance providers are obligated to cover the cost of medical treatment for work-related injuries. However, workers sometimes face violations where they are denied access to necessary medical care, or the insurance company refuses to approve treatment recommended by a doctor. This can lead to prolonged pain and a delayed recovery process for injured workers.
5. Underreporting or Misclassifying Injuries
Employers may attempt to misclassify the nature of an injury to avoid paying full benefits. For example, they may downplay the severity of an injury or incorrectly categorize it as a non-work-related incident. This can lead to workers receiving lower benefits than they are entitled to, or in some cases, no benefits at all.
What to Do If Your Workers’ Compensation Rights Are Violated
1. Report the Violation to the Proper Authorities
If you believe your workers’ compensation rights have been violated in Indiana, it is essential to report the issue to the appropriate authorities. The Indiana Workers’ Compensation Board (IWCB) is responsible for overseeing workers’ compensation claims in the state. You can file a complaint with the IWCB if your claim has been denied or mishandled.
2. Consult an Attorney
An attorney who specializes in workers’ compensation law can help guide you through the claims process and represent you in legal proceedings if necessary. If you are facing a denial of benefits or retaliation, a lawyer can help you understand your legal rights and the best course of action to take. They can assist in gathering evidence, filing appeals, and negotiating with insurance companies or employers.
3. Document Everything
Keep thorough records of your injury, medical treatment, communications with your employer, and any correspondence with insurance companies. Documentation is key in proving your case and ensuring that you receive the benefits you deserve.
4. File an Appeal
If your workers’ compensation claim has been denied, you have the right to appeal the decision. In Indiana, you can request a hearing before a workers’ compensation judge, who will review the facts of your case and make a ruling. If you believe your employer has retaliated against you for filing a claim, you may also file a retaliation complaint with the Indiana Department of Labor.