Fort Wayne
Workers’ Compensation
ATTORNEY

DELVENTHAL LAW

Video: Workers’ Compensation Claims

What injured workers should know after a Fort Wayne workplace injury.

Watch this workers’ compensation video on YouTube^[1].

INJURED AT WORK? WE REPRESENT INJURED WORKERS ACROSS INDIANA

Most employers in Fort Wayne and across Indiana must carry workers’ compensation insurance or be approved by the Worker’s Compensation Board to self-insure (IC 22-3-2-5^[2]).

When you suffer a serious injury on the job, you have to deal with your employer and your employer’s workers’ comp insurance company. With little communication back and forth, it is easy to feel like you are getting lost in the system and that you have no power over the negotiations.

WHAT INDIANA WORKERS’ COMPENSATION PROVIDES

When a work injury is covered, Indiana’s Worker’s Compensation Act provides several kinds of benefits:

• Medical care that is reasonable and necessary for the work injury, through the employer’s authorized providers.
• Temporary total disability (TTD) at two-thirds of your average weekly wage while you cannot work. Payment begins with the eighth day of disability, and the first seven days are paid if the disability lasts more than 21 days (IC 22-3-3-7^[3]).
• Temporary partial disability (TPD) when you return to work at lower pay: two-thirds of the difference between your average weekly wage and your post-injury wage (IC 22-3-3-9^[4]).
• Permanent partial impairment (PPI) benefits based on your impairment rating and the statutory schedule (IC 22-3-3-10^[5]).
• In the most serious cases, permanent total disability benefits, and death benefits for dependents.

Workers’ compensation does not pay for pain and suffering. If someone other than your employer or a co-worker is responsible for the conditions that caused your injury, a separate personal injury claim may be available, and we can help you explore your rights to it.

At the Delventhal Law Office LLC, our Fort Wayne workers’ compensation attorney can help you take a stand and pursue the benefits the law provides. Our firm handles personal injury and workers’ compensation claims on a contingency basis, so you do not have to worry about legal fees unless there is a recovery.

WHAT TO DO

• Report your injury to your supervisor or manager immediately, regardless of whether or not you think that you will need medical treatment.
• Insist that your supervisor or manager prepare a written accident report.
• Attend all appointments and examinations scheduled for you by your employer’s workers’ compensation insurance carrier. Avoid re-scheduling appointments whenever possible. Missing or re-scheduling more than one appointment may result in the suspension of your workers’ compensation benefits.
• Keep copies of all restrictions, off-work statements, and reports given to you by each doctor that you see.
• Ask for a second opinion if you are unhappy with your medical treatment. Your employer’s workers’ compensation insurance carrier will decide whether or not to grant this second opinion.
• Contest any denial of benefits on the basis of a pre-existing condition. You are entitled to benefits even if you had a pre-existing condition, as long as the injury is an aggravation of the existing condition.
• Obtain a copy of the accident report from your manager or supervisor.
• If your employer threatens or retaliates against you for filing or attempting to file a workers’ compensation claim, keep a written record and consult an employment law attorney. It is against Indiana law to retaliate against an employee for filing a workers’ compensation claim; see our guide to being terminated while on workers’ comp.
• If you attend an appointment or examination outside of the county where you work, keep a log of the miles traveled, the date, and the name of the doctor. Your employer must pay reasonable travel expenses when authorized care requires travel outside your county of employment; our guide to mileage reimbursement for workers’ comp appointments explains the details. -Track the time that you were unable to work due to your work injury. You are entitled to weekly TTD benefits if you are off of work for more than seven days. -If eligible, request a Board-appointed independent medical examination if the doctor chosen by the workers’ compensation insurance carrier releases you from further care and states that you have reached maximum medical improvement.

NOT TO DO

• Do not allow your employer to put you back to work in a job that violates your work restrictions.
• Do not allow the workers’ compensation insurance carrier to delay their decision about approving or denying your claim. If the employer or its carrier denies the claim or cannot determine liability, Indiana law requires it to notify you and the Board in writing within 30 days of the employer’s knowledge of the injury, unless the Board approves an extension (IC 22-3-3-7^[3]).
• You have the right to not allow the nurse case manager into the examination room while you are being examined by a doctor.
• Do not allow your employer to tell you that there is a “minimum” period that you must work in order to receive workers’ compensation benefits. You are entitled to benefits immediately if you are injured.

DELVENTHAL LAW OFFICE DIFFERENCE

If we don’t make a recovery, you don’t pay. It’s that simple. We understand that you have already been through a lot and to make your life easier, we offer a FREE, no-obligation consultation to review your case. Next, we will discuss your options. If we take your case, we will get paid only when you do. If we don’t make a recovery, you owe us nothing.

• You can contact us 24 hours a day, 7 days a week for a free consultation with our lawyers.
• When you contact us a lawyer will immediately respond – No call centers – No time waiting for the important legal advice you need.
• Our no recovery, no fee promise – You won’t have to pay a dime until there is a successful resolution to your case.
• Our Fort Wayne workers’ compensation lawyers have years of experience with claims before the Indiana Worker’s Compensation Board.
• Remember, our consultations are free, and when we take a case, we do not charge our clients a penny until our client makes a recovery. If you don’t make a recovery, then we don’t get paid. Call (260) 484-6655 now to speak to a Fort Wayne workers’ compensation attorney immediately.

The Indiana law that applies to your workers' compensation case

Indiana's Workers' Compensation Act (IC 22-3-2^[6] through IC 22-3-6^[7]) governs almost every on-the-job injury claim in Allen, DeKalb, and Whitley County. The Act is administered by the Indiana Workers' Compensation Board^[8] and bars most direct lawsuits against the employer, but it does not bar a parallel third-party suit against an equipment manufacturer, contractor, or careless driver whose negligence contributed to the injury. Indiana also has a 30-day notice rule under IC 22-3-3-1^[9]: if the employer does not receive notice or learn of the injury within 30 days, compensation is not paid until notice is given, and late notice reduces benefits only if the employer shows it was prejudiced by the delay.

Common disputes in Fort Wayne workers' compensation claims

Fort Wayne workers’ comp claims tend to run into the same four disputes. The first is often a recorded statement, taken within days, which can lock in an early and incomplete description of the injury before symptoms fully develop. The second is the independent medical examination — an exam by a physician the carrier selects, which can be used to challenge causation or end temporary total disability benefits. The third is the maximum medical improvement and permanent partial impairment rating battle, where a low PPI rating reduces the value of the permanent impairment benefit. The fourth is the suitable-employment offer: if a light-duty position fits your restrictions and you refuse it after the required notice, wage benefits can stop (IC 22-3-3-11^[10]). We anticipate each of these by documenting symptoms early, coordinating with treating physicians, and citing OSHA^[11] safety-standard violations that support a parallel third-party case.

Records we gather early in a workers’ compensation claim

Comp claims live on the medical, wage, and incident-report record. From day one we lock down every document the carrier will later try to challenge.

• The First Report of Injury (Form 34401) and every supervisor incident-report version filed within the 30-day notice window required by IC 22-3-3-1^[9]
• Emergency room intake records, initial imaging, and the treating physician's written causation opinion before the carrier schedules an independent medical examination
• OSHA 300 logs, near-miss reports, and any safety citations issued at the worksite during the prior two years that support a third-party negligence theory
• Complete wage records for the 52 weeks before injury so the average weekly wage calculation under IC 22-3-3-22^[12] is not artificially deflated by the carrier
• All physical therapy notes, functional capacity evaluations, and the treating physician's permanent partial impairment rating measured at maximum medical improvement

Benefit categories in an Indiana workers' compensation case

Indiana comp benefits split into temporary total disability at two-thirds of the average weekly wage, temporary partial disability for reduced-capacity work, permanent partial impairment paid as a degree-based award under IC 22-3-3-10^[13], and medical care that is reasonable and necessary for the work injury. The statutory schedule caps many awards, which is why a parallel third-party suit often controls the actual recovery — and why OSHA^[11] violation evidence matters so much. Pain and suffering damages are not available in the workers’ compensation claim, but they may be recoverable in a third-party negligence case, subject to fault and the carrier’s lien.

What our workers' compensation clients ask most

Can I sue my employer directly for a work injury in Indiana?

Indiana's workers' compensation exclusivity rule under IC 22-3-2-6^[14] bars most direct negligence suits against the employer. The narrow exceptions involve intentional torts and certain dual-capacity scenarios. The far more common parallel claim is a third-party suit against an equipment manufacturer, subcontractor, property owner, or driver whose conduct contributed to the injury alongside the comp claim.

What happens if my employer's doctor says I am at maximum medical improvement?

Maximum medical improvement triggers the permanent partial impairment rating phase under IC 22-3-3-10^[13] and typically ends temporary total disability checks. A rating can vary from one qualified physician to another. Reviewing the rating, the imaging, and whether a second opinion or Board-appointed examination is available can show whether the number deserves a closer look before settlement.

How long do I have to report a workplace injury in Indiana?

Reporting must occur within 30 days under IC 22-3-3-1^[9], though earlier is always better. The claim itself has a two-year statute of limitations from the date of injury under IC 22-3-3-3^[15]. Repetitive-trauma and occupational disease claims can have different timing questions, so ask which date applies to your claim.

Will workers' compensation cover surgery and long-term medical care?

Authorized work-injury surgery, hospital care, physical therapy, prescriptions, and ongoing follow-ups are covered as long as treatment is reasonable, necessary, and related to the original injury. The carrier controls the choice of authorized treating physician under Indiana law, which is one of the most contested issues in serious comp cases and frequently requires Board intervention.

Can I still recover if my injury also involved a defective tool or piece of equipment?

Equipment-related work injuries open a parallel product-liability claim against the manufacturer that runs alongside the comp file. Pain and suffering, full lost earning capacity, and other tort damages unavailable in comp become recoverable in the third-party suit. The comp carrier holds a subrogation lien against the third-party recovery under IC 22-3-2-13^[16].

What happens after you hire us

When a claim is disputed, we file the Application for Adjustment of Claim with the Worker’s Compensation Board, placing the carrier on litigation notice, and screening the file for a parallel third-party defendant. We coordinate the treating-physician relationship, document each temporary total disability period, and prepare for the maximum medical improvement battle. When the carrier undervalues the permanent partial impairment, we request a Single Hearing Member proceeding. Third-party suits are filed in Allen Superior Court or wherever venue is proper. We handle workers’ compensation claims on a contingency-fee basis.

Estimate the value of an Indiana PPI rating

If you have reached maximum medical improvement and received a permanent partial impairment rating, our Indiana Workers' Compensation PPI Calculator can estimate the scheduled dollar value using the date of injury, body part, and rating percentage. The calculator is informational only, but it can help you spot whether a carrier's PPI number deserves a closer review before settlement.

Workers' compensation resources for the next step in your claim

Different workers' compensation problems need different next moves. If you are trying to understand the value of a permanent injury, start with the Indiana PPI calculator. If the insurance carrier is pushing back, read what to do if your Indiana workers' compensation claim is denied. If a settlement offer is on the table, review what to know before signing an Indiana workers' comp settlement. If your employer is offering modified work, see our guide to light duty and work restrictions in Indiana workers' compensation.

Some work injuries also involve claims outside the workers' compensation system. A crash, defective machine, unsafe subcontractor, negligent property owner, or warehouse safety failure may create a separate third-party injury claim. Learn more in our guide to Indiana workers' comp vs. third-party claims, and see our workplace-specific page for Fort Wayne Amazon warehouse injuries.

How Indiana workers’ comp works, step by step

1. Are you covered? Do I qualify for workers’ comp in Indiana? covers employees, contractors, owners, and exemptions. If you were called a contractor, read who actually qualifies as an employee.
2. Report it. How soon you have to report a work injury, and the separate deadline to file a claim with the Board.
3. Medical care. Who chooses the doctor and mileage and paid time for appointments.
4. Wage checks. When checks start, how your average weekly wage is calculated, the Indiana TTD calculator, and when TTD checks can stop.
5. Returning to work. Light duty and work restrictions and whether you can be terminated while on workers’ comp.
6. Permanent injury and settlement. What a PPI rating is worth, the PPI calculator, and what to know before signing a settlement.
7. Disputes. What to do if your claim is denied and the Application for Adjustment of Claim.

Sources

1. Watch this workers’ compensation video on YouTube (youtu.be) ↩
2. IC 22-3-2-5 (iga.in.gov) ↩
3. IC 22-3-3-7 (iga.in.gov) ↩
4. IC 22-3-3-9 (iga.in.gov) ↩
5. IC 22-3-3-10 (iga.in.gov) ↩
6. IC 22-3-2 (iga.in.gov) ↩
7. IC 22-3-6 (iga.in.gov) ↩
8. Indiana Workers' Compensation Board (in.gov) ↩
9. IC 22-3-3-1 (iga.in.gov) ↩
10. IC 22-3-3-11 (iga.in.gov) ↩
11. OSHA (osha.gov) ↩
12. IC 22-3-3-22 (iga.in.gov) ↩
13. IC 22-3-3-10 (iga.in.gov) ↩
14. IC 22-3-2-6 (iga.in.gov) ↩
15. IC 22-3-3-3 (iga.in.gov) ↩
16. IC 22-3-2-13 (iga.in.gov) ↩