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Summary of differences between federal and state regulations
There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Self-insurance by private carrier or individual employer, but not through groups of employers.
Effective July 1, 2011, each employer must post a notice in the place of business to inform the employees that their employment is covered by worker's compensation. The notice must also contain the name, address, and telephone number of the employer's insurance carrier or the person responsible for administering the employer's worker's compensation claims if the employer is self insured. The notice must be in a form approved by the board and be posted at a conspicuous location at the employer's place of business to provide reasonable notice to all employees.
Exemptions from WC: Agricultural employers (voluntary). There are no exemptions for employers with small numbers of employees.
Medical benefits provided: Full
Physician selection: Employer selects physician.
Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for up to 500 weeks.
Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for up to 500 weeks. After maximum amount has been reached, a claimant may receive payments indefinitely, payable from a special fund.
Benefits for permanent partial disability (PPD): 66 1/3 percent of worker’s wage. The amount of compensation is determined by multiplying a percentage of the worker’s wage by the degree of permanent impairment.
Scheduled awards: Paid in addition to and upon termination of temporary total disability benefits. Awards are not reduced because of receipt of TTD benefits, unless more than 125 of TTD are paid.
Disfigurement benefits: Permanent disfigurements which may impair the future usefulness or opportunities of the employee are compensated at the discretion of the Industrial Board, except where benefits are payable elsewhere, up to 40 degrees.
Death benefits for surviving spouse and children: 66 2/3 percent of average weekly earnings for up to 500 weeks. Children receive benefits beyond 21 if physically or mentally disabled. Two-year lump sum payable upon remarriage in cases where there are no children or the remainder of compensation, whichever is smaller.
Maximum burial allowance: $6,000
Waiting period: 7 days for temporary total disability only. Compensation is retroactive if disability continues for more than 21 days from date of injury.
Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employers are responsible for travel expenses associated with PR and coverage of the individualized VR plan developed by the Office of VR. Employees must accept both PR and VR or their compensation may be lost; no compensation for increased disability during refusal period. Employee benefits during VR are determined by the Office of VR. The employer is not required to pay for private vocational rehabilitation.
Attorney fees: Determined by agency on an individual case basis
Occupational hearing loss statutes: Covered if it is a traumatic injury. Employee has 2-3 years to file for compensation for a traumatic injury. Benefits for one ear are $20,500, both are $62,500. Hearing loss is determined by medical evaluation with a deduction for pre-existing loss.
Forms - www.in.gov/wcb/2339.htm
What’s new (legislative changes) - www.in.gov/wcb/2360.htm
Board memos – www.in.gov/wcb/2361.htm
State
Contact
Workers’ Compensation Board of Indiana
Regulations
Workers’ Compensation Code; Title 22 Article 3:
Federal
Contacts
None.
Regulations
None.