Indiana’s workers’ compensation system is designed to allow employees suffering from workplace injuries or illnesses obtain medical care and lost-wage reimbursement without litigation. However, while the process is supposed to be straightforward, it’s often riddled with obstacles and confusion for injured workers. The path to getting rightful compensation can be complex, frustrating and sometimes hostile. 

The following are issues than can delay or derail Indiana workers’ compensation claims:

• Disputes over whether an injury is job-related — Employers and insurance companies may challenge whether an injury “arose out of and in the course of employment.” This often happens in situations where injuries have no direct witnesses or where workers suffer repetitive stress injuries over time. Employers may even try to cite pre-existing conditions, rather than dangerous workplace activities, as the real cause. 

• Lack of prompt and thorough medical treatment — Under Indiana law, the employer and their insurer control which doctor an injured worker sees first. Too often, referrals to specialists, approvals for diagnostic tests or even basic treatment plans are delayed or denied altogether. This can reduce the value of the worker’s claim.

• Missed deadlines and reporting mistakes — Indiana law requires timely reporting of workplace injuries and discrepancies between incident reports, claim forms and medical records are often used to deny benefits. Early, accurate documentation is absolutely crucial.

• Disputes over temporary total disability (TTD) benefits — Employers may argue that workers are fit for light duty when doctors say otherwise or offer unsuitable light duty jobs merely to cut off wage benefits. These tactics threaten income stability for families already in crisis.

• Independent medical exams (IMEs) — These exams, which are ordered by insurers, often undermine treating doctors’ opinions. IMEs often minimize injuries or downplay restrictions, providing justification to reduce or terminate benefits. 

• Low permanent partial impairment (PPI) ratings — Employer-selected doctors may assign unreasonably low ratings and disputes involving the AMA Guides or disagreement over long-term limitations are common. Since PPI ratings determine the value of a final settlement, these conflicts can have a significant financial impact.

Disputed claims may be resolved through an informal dispute resolution process or, if that is unsuccessful, at a hearing before a member of the Worker's Compensation Board. Further appeals may also be possible.

Many injured workers are unaware of the full range of workers’ comp benefits available. Insurers seldom volunteer information about additional rights, such as mileage reimbursement or vocational rehabilitation. Consulting with a qualified Indiana workers’ compensation attorney can make all the difference in helping workers assert their rights and maximize their recovery. 

If you or a loved one has been injured in a workplace accident anywhere in Indiana, the lawyers at Rubino, Ruman, Crosmer & Polen in Dyer can help. Set up a free initial consultation by calling 219-227-4631 or by contacting us online.