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  1. #1
    Join Date
    Aug 2009
    Posts
    139

    Default What is the Time Limit for Employer's Filing a Claim

    How long does your employer have before they are required to file your claim with W/C?

    It has been almost 2 weeks for me and I have not heard a thing from my employer.
    Last edited by injured_caregiver; 08-05-2009 at 06:50 AM.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: What is the Time Limit

    depends on if the employee loses time.

    "Ind. Code 22-3-4-13(a) requires that employers file the Employer’s Report of Injury with the Worker’s Compensation Board if an injury results in the death of an employee or in the employee’s absence from work for more than one (1) day. Failure to comply with reporting provisions may subject the employer/carrier to a $50 civil penalty to be collected by the Board. This report must be filed with the employer’s insurance carrier

    a) within seven days of the occurrence of the injury or death, or

    b) within seven days of the employer’s knowledge of the injury or death.


    The employer’s insurance carrier must then electronically file the report with the Worker’s Compensation Board

    a) not later than seven days after receipt of the report, or

    b) fourteen days after the employer’s knowledge of the injury, whichever is later.

    If an employee has been injured and is being treated, but has not missed any work, the employer is not required to file a Report of Injury with the Board. However, if the employee becomes disabled at any point (misses one day of work) because of the injury, the Report must be filed."


    http://www.in.gov/wcb/handbook/HANDBK2007.htm

  3. #3
    Join Date
    Aug 2009
    Posts
    139

    Default Re: What is the Time Limit

    Thank you so much .SH!

    I have been off work do to the injury for two weeks come this Friday. So I guess I just need to sit back and wait?

  4. #4
    Join Date
    Aug 2009
    Posts
    4

    Default Re: What is the Time Limit

    Filing a First Report of injury with the Board is NOT the same as filing a claim. Claims are filed with an insurance carrier, not the Board. Your employer's carrier should determine whether they will pay benefits for your claim or deny your claim within 30 days of receiving the claim from the employer. You should be notified of that determination or of the carrier's filing a request for additional time. If you have not heard from the carrier calling to ask you questions about the claim within a few days of the injury, you should confirm with your employer that the employer has filed a claim with the carrier. If they have not or refuse to answer, call the Work Comp Board at (317) 232-3808.
    Last edited by CompPro; 08-05-2009 at 09:42 AM.

  5. #5
    Join Date
    Aug 2009
    Posts
    139

    Default Re: What is the Time Limit

    Quote Quoting CompPro View Post
    Filing a First Report of injury with the Board is NOT the same as filing a claim. Claims are filed with an insurance carrier, not the Board. Your employer's carrier should determine whether they will pay benefits for your claim or deny your claim within 30 days of receiving the claim from the employer. You should be notified of that determination or of the carrier's filing a request for additional time. If you have not heard from the carrier calling to ask you questions about the claim within a few days of the injury, you should confirm with your employer that the employer has filed a claim with the carrier. If they have not or refuse to answer, call the Work Comp Board at (317) 232-3808.
    I have not heard anything from anyone. I have called my employer but they never return my calls.

  6. #6
    Join Date
    Aug 2009
    Posts
    4

    Default Re: What is the Time Limit

    Call the Work Comp Board at (317) 232-3808 and ask for an Ombudsman. OR go to www.in.gov/wcb and get a Request for Assistance and submit the completed form. An ombudsman will investigate for you and contact you with the results.

  7. #7
    Join Date
    Aug 2009
    Posts
    139

    Default Re: What is the Time Limit

    Thank you I will do that.

    They are also giving me the run around with medical care to. I have tried THEIR list of doctor's and only one of them take workman's comp and it is a clinic. I drove 30 minutes this evening to the clinic and they refused to see me because my employer had not set up a account with them yet. So here I am almost two weeks gone by and in major pain with no medical care.
    Last edited by injured_caregiver; 08-05-2009 at 02:38 PM.

  8. #8
    Join Date
    Aug 2009
    Posts
    139

    Default Re: What is the Time Limit for Employer's Filing a Claim

    I just checked the status and it shows that a claim with w/c was filed today.

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