From
The KDDK Advantage - January 2007
Workers
Compensation In Indiana
Because
employers are required to provide compensation to injured
employees, workers compensation has become
an expensive part of running a business. The
following is the first of a three-part series that will discuss workers compensation
in Indiana.
The predecessor for
Indiana’s current Workers Compensation Act was drafted
in 1893. It has undergone several modifications
through the years, but the
intent of the current Workers Compensation Act remains the same: To provide
injured workers with a system for financial recovery for work related injuries
while at the same time limiting the potential cost to employers.
Generally, workers compensation
laws allow for employees that suffer work-related injuries
to receive compensation from their employers. The philosophy
behind
our workers compensation system is that the employer agrees to pay for all
injuries employees incur at work regardless of fault, and in turn, the employee
agrees to give up his or her right to sue the employer over the injury. The
result of this system is that the employee faces a lower standard to prove
entitlement to compensation, but at the same time, gives up the ability to
be compensated for such claims as pain and suffering.
To be entitled to the remedies available under Indiana’s Workers Compensation
Act, employees must prove that their injury was 1) caused by accident; 2)
arose out of their employment; and 3) occurred in the course of their employment.
If the employee succeeds in proving these issues, he or she may be entitled
to benefits including the payment of related medical bills, wage replacement
measures, and compensation for impairment resulting from the injury. The
employee
may also be entitled to vocational rehabilitation and in the worst scenarios,
the employee’s family could be entitled to death benefits.
If you have a questions
about workers compensation, contact Greg
Freyberger at
gfreyberger@kddk.com or 812-423-3183. Greg’s law practice
includes workers
compensation, insurance coverage and defense, business law and litigation & trial
services.
Next topic: Employers’ Financial Compensation Obligations
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