Disclaimer: This article is for educational purposes and not legal advice.
Detailed Answer
When an accident-related injury prevents you from working, Indiana law offers several paths to recover lost wages. The right option depends on how and where the injury happened. Below is an overview of common recovery methods:
1. Workers’ Compensation
If you sustain injuries on the job, you can file a claim under Indiana Code Title 22, Article 3, Chapter 2. Workers’ compensation covers:
- Temporary Total Disability (TTD): Two-thirds of your average weekly wage, subject to state maximums.
- Temporary Partial Disability (TPD): Payments when you return to light duty at reduced pay.
Learn more: Indiana Code §22-3-2.
2. Personal Injury Lawsuit
If a third party’s negligence caused your injury, you may file a lawsuit in civil court. A successful claim can include:
- Past Lost Wages: Documented earnings up to the accident date.
- Future Lost Wages: Projected income based on medical and vocational expert testimony.
You must file within two years of the injury. See Indiana Code §34-11-2-4.
3. Auto Insurance Benefits (PIP)
Indiana requires Personal Injury Protection (PIP) as part of auto insurance. PIP covers:
- Up to 85% of lost earnings due to a covered auto accident.
- Medical expenses and rehabilitation costs.
For details: Indiana Code §27-7-5.
4. Disability Insurance Claims
If you have a private or employer-sponsored disability policy, you can file for benefits:
- Short-Term Disability: Typically covers a portion of wages for a limited duration.
- Long-Term Disability: Provides ongoing benefits after the short-term period ends.
5. Social Security Disability Insurance (SSDI)
For long-term or permanent impairments, you may apply for SSDI through the Social Security Administration. Approved claims can provide monthly benefits based on your work history.
Each recovery path has specific deadlines and documentation requirements. Evaluate each option based on how your injury occurred and your insurance coverage.
Helpful Hints
- Document every medical visit, treatment, and expense.
- Keep pay stubs, tax returns, and employer statements as evidence of lost income.
- Notify your insurer and employer in writing as soon as possible after the accident.
- Track all accident-related correspondence, bills, and receipts in one folder.
- Consult a qualified attorney before the two-year deadline for injury lawsuits.
- Review your insurance policies carefully to understand coverage limits and exclusions.