Before the enactment of the Indiana Worker’s Compensation System, an employee could receive worker’s compensation benefits if and only if the employer was considered to be at fault. Under this system, if it was established the employee was somehow at fault, the employee did not receive medical expenses or lost wages. For example, suppose an employee failed to wear the safety goggles furnished by his employer as a safety appliance. Under the prior State of Indiana law, if this employee suffered an eye injury, he/she would not receive Worker’s Compensation Benefits.

However, under the current Indiana Worker’s Compensation Act, fault is not relevant. Today, if your work place accident occurs due to your own fault or the fault of your employer, you are entitled to Worker’s Compensation Benefits. Generally speaking, Worker’s Compensation Benefits, include:

• Payment for medical expenses
• Lost wages (called temporary total disability benefits)
• A settlement if the employee suffers a work place injury that becomes permanent. Catastrophically injured worker’s can also recover additional worker’s compensation benefits referred to as permanent total disability benefits.