Employee Coverage

• The Indiana worker's compensation statute covers both public and private sector employees. Coverage extends to categories of employees such as part-time workers, minor employees, executives and employees who are working outside Indiana but are in an Indiana employer-employee relationship. The statute does not cover independent contractors, most volunteers, railroad employees, real estate agents, workers in interstate commerce or foreign commerce if they are covered by a federal compensation law, prison inmates, athletes on a scholarship or coaches hired by a nonprofit group.
  
  Certain employment relationships may be covered if an election of coverage form is filed with the Worker's Compensation Board. This optional coverage is available to sole proprietors, owner operators, partners in a partnership, members of a limited liability company and executives of a municipal or nonprofit corporation. Optional coverage is also available for volunteers on a hazardous waste response team, volunteers for a local government volunteer program and volunteers at state psychiatric institutions. Municipal police officers and firefighters and reserve police officers are also subject to optional coverage.
  
  Certain categories of employees may be covered on a voluntary basis. These include casual (sporadic) labor, household employees and agricultural employees.
  
  

Injury Coverage

• Indiana law provides worker's compensation coverage for personal injury or death by accident, and arising out of and in the course of employment. When those factors are present, an employer must pay the compensation provided for in the Worker's Compensation Act. The statute is intended to be the exclusive remedy for employee claims against the employer. However, an employee is not prohibited from filing a lawsuit against other persons who may have caused a work-related injury.
  
  

Insurance Requirements

• Indiana employers are required to carry insurance to cover their liability for worker's compensation medical benefits and disability compensation. Employers who wish to be self-insured must apply to the Worker's Compensation Board for authorization. Employers are prohibited from using payroll deductions to cover the cost of worker's compensation insurance. An employee's right to worker's compensation may not be waived.
  
  An employer who fails to carry adequate insurance may be required to pay medical expenses, double compensation and attorney's fees to an injured employee. If the Worker's Compensation Board files a court action against an employer for failure to carry insurance, the court may order the employer to cease doing business until it provides proof of insurance. The court may also require the employer to provide proof of financial ability to pay compensation claims, or to deposit security or a bond with the Board. An employer may also be subject to prosecution for failing to carry insurance.
  
  

Medical Benefits

• Injured employees are entitled to receive necessary medical treatment. The length of time that medical treatment is provided varies from case to case. The Indiana worker's compensation statute does not set a time period for the employer's liability for providing medical treatment. If an employee has sustained permanent injury, the Worker's Compensation Board may order payment of future medical benefits to reduce the extent of the impairment, or to reduce pain or other symptoms. Long-term care may be ordered in some instances.
  
  

Disability Compensation

• Three types of disability compensation are available under the Indiana worker's compensation statute. Temporary total disability compensation (TTD) is available for the time that an injured employee is unable to perform his regular job. The TTD compensation rate is two-thirds of the employee's preinjury average weekly wage and is paid for up to 500 weeks. Temporary partial disability compensation (TPD) is available for an injured employee whose ability to work is limited. TPD compensation is two-thirds of the difference between the employee's pre- and postinjury average weekly wages and is paid for up to 300 weeks.
  
  Permanent total disability compensation (PTD) is available if an employee is permanently unable to work, PTD compensation is paid for 500 weeks at the rate of two-thirds of the employee's preinjury average weekly wage. The Worker's Compensation Board may, at its discretion, award PTD compensation to be paid in a lump sum to a minor employee. Compensation may be paid in a lump sum to adult employees at the agreement of the employee, employer or insurance carrier, and the Board.