1. 1. 

   Temporary Total (TT) - maximum period of 500 weeks

2. 2. 

   Temporary Partial (TP) - maximum period of 300 weeks

3. 3. 

   Permanent Total (PT) - maximum period of 500 weeks

4. 4. 

   Permanent Partial Impairment (PPI) – (code as PP) based on a one time medical assessment, so payable one time. PPI can be awarded independent of TT.

There is no maximum payable period. It may be paid in a lump sum upon agreement of the parties and approval of the WC Board. However, PPI is usually paid weekly. See DI 52120.085C in this section.

All disability payments are paid weekly, unless the WC Board orders payment in biweekly or monthly installments. Back payments can be brought up to date by payment in a lump sum.

Indiana does not provide for cost of living increases on WC.

Attorney fees are determined on an individual case basis subject to the approval of the WC board.

Indiana does not offset WC for SSA retirement benefits

A disabled worker receiving TT may become entitled to a PPI award based on the established degree of permanent disability.  These awards can only be made after it has been determined that the worker has reached maximum medical improvement (MMI). MMI may also be referred to as “quiescence” or “permanence and quiescence".  

PPI and TT are separate awards that can run concurrently from the date of injury. If there is no start date listed for the PPI, Indiana WC judges will make the PPI start date equal to the date of injury.  The PPI start date may also be the MMI date. This is because the worker has 1 year from the last date for which compensation is paid to file for a Change of Condition. By making the PPI start date equal to the MMI date instead of the date of injury, the one-year period begins that much later. Thus, the period over which any such award is to be prorated for WC offset purposes will depend on whether or not these dates are specified in the award:

1. 1. 

   If no date is specified, prorate the PPI award starting with the date of the injury.

2. 2. 

   If dates are specified in the award, prorate based on those dates.  

The compensation rate for both TT and PPI is based on two-thirds of the average weekly wage.  If no PPI rate is specified, use the TT weekly rate to prorate the PPI lump-sum.

The Second Injury Fund is designated to prevent discrimination in hiring workers who lost the use of an arm, hand, leg or foot. Reference: Ind. Code 22-3-3-13; Indiana Code 2022 - Indiana General Assembly, 2023 Session

When a worker loses the use of any two of these parts of the body, the worker is considered totally impaired, because a loss of any two of these parts is compensated by an award of 100 degrees of impairment, or PT, whichever is greater. Employers are hesitant to hire a worker who had already lost the use of an arm, hand, foot or leg, for fear that a second injury would expose them to liability for an award of PT. The employer is held liable only to the extent of compensation due for the second injury. The Second Injury Fund is liable for the remainder of the compensation award.

In cases where a worker is permanently and totally disabled and exhausts the maximum compensation payable, the worker can apply to the Second Injury Fund for benefits. The Fund may award benefits at the rate of 66 2/3 percent of the worker’s average weekly wages at the time of injury, payable at six week intervals for a total of 150 weeks. If the worker remains permanently and totally disabled after 150 weeks, the worker may reapply to the Fund. Hearings are held to determine eligibility for benefit extensions. Reference: Ind. Code 22-3-3-13(d); 22-3-3-13(e).

The Worker's Compensation Board of Indiana website has a tool that can help ascertain the status of pending WC court cases without the need to follow-up with the worker.  To use it, all you need to know is the first and last names of the worker.

• •

  After accessing the web page, click on "Disputed Claims". Scroll down to "Search Disputed Claims" which will direct you to the Generic Search Tool in the middle of the page.  

• •

  Under "Select Type" there are a variety of search types. The easiest is to search by the "Plaintiff".

• •

  Enter the worker's first and last name and click the "Search" button.

If there is a pending or recently completed court case, the screen shows the name you input.  If there are multiple entries, select the one that appears to correspond to your worker. Then click the "SUBMIT" button.  Information about the parties to the case and the status of the litigation will come up.  If nothing is currently available, you will receive a negative response.

• •

  Workers’ Compensation Board of Indiana:www.in.gov/wcb/.

• •

  Detailed information regarding Indiana WC payments can be found on the web site of the Workers' Compensation Board of Indiana: Indiana Workers’ Compensation Code: Indiana Code 2019 - Indiana General Assembly, 2023 Session

• •

  Indiana Workers’ Compensation Handbook:Purpose & Scope of State Disability Program (in.gov)