Detailed Answer
This article explains how to recover lost wages from more than one employer after an injury in Indiana. This information is for educational purposes only and does not constitute legal advice. Always consult a qualified Indiana attorney to discuss your specific circumstances.
1. Claiming Lost Wages Through Workers’ Compensation
If your injury occurred at work or a work-related location, you may file a workers’ compensation claim under the Indiana Workers’ Compensation Act (IC 22-3). Benefits include temporary total disability (TTD) and temporary partial disability (TPD). You must:
- Report the injury in writing to each employer within 30 days (IC 22-3-2-1: https://iga.in.gov/legislative/laws/2023/ic/titles/22#22-3-2-1).
- File a claim with the Indiana Worker’s Compensation Board.
- Provide proof of your average weekly wage (AWW) from all jobs to calculate benefits (IC 22-3-3-2: https://iga.in.gov/legislative/laws/2023/ic/titles/22#22-3-3-2).
The Board combines wages from all covered employment to determine your AWW. You generally receive two-thirds of that figure up to the state maximum.
2. Claiming Lost Wages Through a Personal Injury Lawsuit
If you were injured off the job due to someone else’s negligence—such as a car crash or a property owner’s negligence—you file a personal injury lawsuit. Indiana law gives you two years from the injury date to sue (IC 34-11-2-4: https://iga.in.gov/legislative/laws/2023/ic/titles/34#34-11-2-4).
- Document past income from each job using pay stubs, W-2s, 1099s and tax returns.
- Show projected future earnings using expert testimony if your injury permanently affects your ability to work.
- Include fringe benefits (health insurance, retirement contributions) as part of lost wage damages.
3. Combining Multiple Sources of Income
Whether through workers’ compensation or a lawsuit, follow these steps:
- Gather Records: Collect wage statements, employment contracts, commission statements and tax filings for each job.
- Calculate Average Earnings: Compute weekly or monthly averages across all jobs pre-injury.
- Submit Documentation: Provide employers, insurers or courts with the compiled records and calculations.
- Maintain Updates: If your injury recovery extends, continue to track any partial earnings.
Helpful Hints
- Keep a detailed injury diary: note dates, treatments and income changes.
- Request written confirmation of injury reports from each employer.
- Obtain all medical records and billing statements promptly.
- Work with a vocational expert if your skills or earning capacity change permanently.
- Check deadlines: workers’ compensation and personal injury claims have strict filing windows.