Worker's Compensation Question (Indiana)?

by admin on November 9, 2010

My husband was injured at work. He was told to wait until his shift ended and someone from the next shift would take him to the hospital. That didn’t happen and two hours after his shift was over I came to his workplace and took him myself. He then had to go back to the workplace and fill out accident reports, etc., which took another hour or so. At that time he was told not to come back in that night because they weren’t sure yet what to do with him, even though he’d been cleared to go back to work with restrictions.

Now, I have a few questions:
Is he entitled to overtime or worker’s comp for waiting/ the hospital visit/ paperwork afterward?
Should his worker’s comp pay for the night he was forced not to work? He’s been told by his boss’s secretary that "It looks like those are just going to be missed hours."
He has a doctor’s appointment scheduled for tomorrow to get a better assessment of the injury, should he get paid for the time he’s there?


Catalina November 9, 2010 at 11:06 am

Unfortunately, the missed time is either unpaid or he can use sick time, if he has any available.

All states have a waiting period on how many missed days before worker’s comp starts paying. It ranges from 3-15 days. I don’t know what Indiana is without looking it up, but since he wasn’t off 3 days and that’s the lowest requirement any state has, we know he wasn’t off long enough.

Anytime that he takes off during the workday will not be covered by WC.

All his medical bills will be covered by WC.

Keep a tally of all the missed time. He may be in a position to get a WC settlement and he could recoup the missed time as part of that.

jobbend November 9, 2010 at 11:06 am

Here is from the state of IN WC handbook:

Mileage and Other Expenses

If the employee is requested or required by the employer/carrier to submit to treatment which requires the employee to travel outside of the county of employment, the employer must also pay the employee’s reasonable expenses for travel, food, and lodging necessary during the travel. Payment or reimbursement for mileage and other expenses is to be made at the level the state reimburses its employees for travel under the policies and procedures established by the Department of Administration and approved by the State Budget Agency.

An employee requested to submit to an examination pursuant to Ind. Code §22-3-3-6 is entitled to mileage and expenses in advance of the time fixed for the examination. Ind. Code §22-3-3-6(b).

Currently, the state mileage allowance applicable to travel to medical examinations and treatment under worker’s compensation is forty (.40) cents per mile, no matter how many trips are made and no matter how many miles are traveled as long as the employee is traveling within the State of Indiana. Outside of Indiana, mileage is reimbursed at 28 cents per mile for the first 500 miles, 14 cents per mile for the next 2,000 miles. In order to qualify for a meal allowance, the employee must be in travel status for more than twelve hours. If travel status begins and ends on the same day, the meal allowance is $12.00. If the travel status lasts overnight, the meal allowance is $24.00.

If the employee does not have transportation, the employer/carrier must provide a reasonable sum sufficient to defray the expenses of travel by the most convenient means to and from the place of the examination. Ind. Code §22-3-3-6(b).

If the employee is required to miss work because of an examination scheduled by the employer to determine the compensability of a claim or to report on the employee’s disability or impairment, the employee is entitled to full reimbursement for any loss of wages. Effective July 1, 2000, employees are entitled to full reimbursement for lost wages during ordinary medical treatment or therapy for an injury. Ind. Code §22-3-3-6(b).

***Waiting Period***

When a compensable injury renders an employee unable to work, compensation for lost wages is paid starting on the eighth day. However if the employee is still disabled, on the twenty-second day after the injury, the employee will receive compensation for the first seven days. Ind. Code §22-3-3-7(a).

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