PDA

View Full Version : Indiana Workers Comp? What Are The Laws


klug63
10-06-2004, 08:28 AM
I Injured My Back On The Job. First Of All After My Injury Occurred ,they Tried Telling Me That If I Did Not File A Claim Within 24 Hrs That I Could Not Recieve My Benefits. After Finding Out Differently,i Went Ahead And Filed My Claim Through Workers Compensation. The Next Morning I Was Terminated From My Job. Workers Comp. Has Since Referred Me To Another Physician,an Orthopedic Dr.. My Employer's Physician And The Physical Therapist That I Was Seeing,diagnost Me With A Lower Lombar Stain (pinched Sciatica Nerve). The Orthopedic Dr. Diagnost Me With The Same. I Was On Medication For A Month,but That Was A Temporary Fix. I Have Been Recieving Workers Compensation For Over 2 Months Now,and Am Still On Restrictions Which Are Preventing Me From Working. I Am Also Pregnant,which At The Time Of Injury My Employer And My Workers Comp.case Worker All New About. The Dr's Cannot Do An Mri Or Keep Me On My Medication Due To My Pregnancy. I Am Still Going Through Physical Therapy And Still Being Seen By The Dr.. Workmans Comp. Has Now Removed Me From My Benefits Due To My Pregnancy,which They Have Know About All Along. Can They Do This Or Can I Fight This? I Have 2 Children To Take Care Of And 1 On The Way,and Am Unable To Work Due To The Restrictions That I Am Currently On. Please Help!

LConnell
10-06-2004, 09:38 AM
Since you are in a unique situation, you may wish to contact the Indiana Department of Workers Compensation. They can provide guidance to you. Their website is at: http://www.in.gov/workcomp/ Let me know if you have any other questions.

klug63
10-06-2004, 10:29 AM
I Have Spoken To An Ombudsman. He Told Me That They Can Terminate My Workers Comp. Because I Am Unable To Recieve An Mri.but,i Am Still Recieving Treatment Through Physical Therapy And I Am Still Seeing The Orthopedic Dr. Throughout My Pregnancy. I Have Read The Laws On Ttd,and There Is Nothing In There That States That I Am Unable To Still Recieve My Claim Because Of My Pregnancy,which In This Case,has Been The Issue Ever Since The Injury Took Place. I Am On Restictions And Unable To Work Because Of My Work Related Injury,not Because Of My Pregnancy. And From My Understanding,i Should Still Be Able To Claim My Benefits, Because I Am Unable To Work Due To My Work Related Injury. The Law Clearly States That For Ttd,benefits May Not Be Terminated Unless, Is Unable To Work For Reasons Unrelated To The Comp Injury,(which That Is Clearly Why I Am Off Work For,due To My Work Related Injury,not My Pregnancy),the Employee Has Returned To Work,the Employee Has Died, The Employee Has Refused Medical Treatment,or Has Recieved The Maximum Of Benefits,(which Is 500 Weeks Or $294,ooo). None Of These Causes For Termination Apply To Me. Am I Not Entitled To My Benefits Just Because I Am Prgnant And Cannot Have An Mri At This Time? I Should Still Be Recieving Them Until I Can Have An Mri,because Of Me Being Off Work Due To A Work Related Injury. I Just Can't Seem To Get Any Answers From Anybody,on Exactly Why They Would Terminate My Only Income When I Am Still Being Treated.

LConnell
10-06-2004, 08:39 PM
Is the ombudsman working for the state? Have you checked with the state? They should provide you with the information that you need.

* Find more information on Worker's Compensation.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements