Indiana Workers Compensation

December 9th, 2004 Posted by Jane

Indiana requires that employers provide worker’s compensation insurance for their employees. Worker’s compensation insurance may be provided through a private insurance carrier, or employers may self-insure.

Employees are not required to contribute anything for this compensation. Some exceptions to the coverage rule include employers of agricultural workers and domestic servants.

My research reveals that any employee who is injured while at work must report the injury immediately to their supervisor, employer, or designated representative. 

  • Full medical benefits are provided to employees entitled to worker’s compensation benefits, with no time or monetary limits. The employer selects the physician who will provide care. 
  • Disability payments are made for temporary total disability in an amount determined by a percentage of the worker’s wage, subject to a weekly maximum payment amount. Payments may continue for up to 500 weeks, subject to a cap on the total payment received. 
  • I understand that payments are made for permanent total disability based on a percentage of the worker’s wage, subject to a weekly maximum payment amount. Payments may continue for up to 500 weeks. 
  • Payments for permanent partial disability are made based upon a percentage of the worker’s wage, subject to a weekly maximum payment. 
  • Benefits may be available for permanent disfigurement which impairs the future usefulness of opportunities of the employee. Physical and vocational rehabilitation benefits are available. With certain constraints and filing deadlines, occupational hearing losses may be covered. 
  • Death benefits are payable to an employee’s surviving spouse, or spouse and children, based upon a percentage of the employee’s wages, subject to a cap.

I read that employers must post a notice of their compliance, and list their preferred physicians, in their place of business. 

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California Worker’s Compensation

December 7th, 2004 Posted by Nicole

I always find the history of labor laws very intriguing. Recently, I came across a Web site devoted to California workers’ compensation law history. It turns out that workers compensation laws were enacted in the early 1900’s – right around the time when there was a sharp increase in the number of on-the-job injuries. (We’ve all heard about the dangerous mechanics of a large-scale assembly line!) 

California officially instated the Compensation Act in 1911 and required that employers act according to the new tenants of the law. Two years later, in 1913, California established a follow-up act known as the Workers’ Compensation, Insurance and Safety Act, or otherwise known as the Boynton Act. 

In the Boynton Act, both employees and employers were protected. Employees could not sue their employers for damages related to their own injuries and, likewise, employers had to provide employee benefits. A competitive state insurance fund also grew from the Boynton Act. The Act has now become the foundation for the workers’ compensation that California’s receive today. 

Since 1913, however, that workers’ compensation system has been revised and revisited a great deal. Most recently, Governor Arnold Schwarzenegger signed the latest reform into law. 

As it is now, there are five basic types of coverage for employees under the workers’ compensation law: medical care, temporary disability benefits, permanent disability benefits, vocational rehabilitation services and death benefits. 

Under the law, an insurance company will pay the benefits for an injured employee. The employer can then take advantage of his employers’ insurance policy, which will cover the cost of the workers’ compensation benefits. 

And by the way, I also learned that in California, if an employer does not have workers’ compensation insurance, the employer is in violation of the state labor code. As such, the Department of Industrial Relations can stop the employer from keeping the business open until he or she purchases the necessary insurance. The mandatory California Complete Labor Law Poster reflects this workers’ compensation information. Good to know if you’re an employer in California! 

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