Legal Question in Workers Comp in Indiana

I injured my ankle when I stepped on uneven pavement at work at fell. At time of injury, my shift hours were 0545-115. I have been on 'light duty' since injury but since there isn't any work within my limitations at my regular hours, I am not allowed to clock in now until 0630. I am losing 45 mins. of pay every morning due to the injury. Most days, there isn't any work I can do within my current restrictions after 11 a.m. so, I clock out and go home. This makes me lose over 2 hours of pay for the afternoon. I am losing hours thru no fault of my own. I have been to occupational health twice now for injury but have only seen a nurse practitioner. I feel I need to see an orthopedic doctor. Two days after the injury, I went to an E/R because the pain & swelling was worse. The E/R gave me referral to orthopedics but my employers has told me that workers comp will not pay for it if I go because the referral was not given to me by the nurse practitioner. The injury from my full time job has made me miss work at my part time job as well. I feel I am losing hours/pay for something that is beyond my control.


Asked on 5/11/16, 7:14 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

Your only recourse, if you are dissatisfied with your treatment or pay, is to file a workmen's compensation claim through an attorney. They have the right to direct your medical care and are not responsible for costs which you incur which were not approved. Your employer only needs to make a reasonable effort to accommodate you as to light duty----but that's better than being off work and getting only 60% of your wages under workmen's comp. If you feel that things are not being handled right, consult with a workmen's comp personal injury attorney---you won't be able to do anything on your own.

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Answered on 5/11/16, 4:42 pm


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