Recovering Lost Wages After an Accident in Indiana
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When an accident leaves you unable to work, Indiana law provides several potential avenues to recover lost wages. The right path depends on where and how the injury occurred:
1. Workers’ Compensation Benefits
If you’re injured on the job, Indiana’s workers’ compensation system offers no-fault benefits regardless of fault. You may be eligible for temporary total disability (TTD) benefits, which generally amount to two-thirds of your average weekly wage.
See Indiana Code § 22-3-2-2: https://iga.in.gov/laws/2023/ic/titles/22#22-3-2-2.
2. Third-Party Personal Injury Claims
When someone else’s negligence causes your accident—such as a car crash or a slip and fall—you can file a tort claim against the at-fault party. Through a personal injury lawsuit, you can seek compensation for:
- Past and future lost wages
- Medical expenses
- Pain and suffering
Under Indiana Code § 34-51-2-1, you must file within two years of the injury: https://iga.in.gov/laws/2023/ic/titles/34#34-51-2-1. You’ll need pay stubs, employer affidavits, and a doctor’s report to prove wage loss.
3. Personal Injury Protection (PIP) Coverage
Indiana requires insurers to offer PIP coverage with auto policies. If you elected PIP, you can claim a portion of lost wages—up to policy limits—directly from your own insurer, regardless of fault. Benefits and limits are set out in Indiana Code § 9-25-4-1: https://iga.in.gov/laws/2023/ic/titles/9#9-25-4-1.
4. Uninsured or Underinsured Motorist Coverage (UM/UIM)
If the at-fault driver has no insurance or insufficient coverage, your UM/UIM policy may cover your lost wages. Review your auto policy’s UM/UIM provisions and follow your insurer’s claim procedures.
5. Short-Term and Long-Term Disability Insurance
If you purchased disability coverage through your employer or privately, you may qualify for wage replacement benefits. Check policy definitions, elimination periods, and maximum benefit durations.
6. Social Security Disability Benefits
If your injuries cause a long-term or permanent inability to work, you may apply for Social Security Disability Insurance (SSDI). While SSDI doesn’t pay retroactive lost wages, it provides monthly payments after a five-month waiting period.
Helpful Hints
- Document everything: keep pay stubs, medical records, and employer statements to prove wage loss.
- Note deadlines: workers’ comp and tort claims have strict filing windows.
- Review insurance policies carefully for coverage limits and claim procedures.
- Consider consulting a personal injury attorney to navigate complex statutes and insurance rules.
- Be aware of potential subrogation: insurers may seek reimbursement for benefits paid.