2020 Changes to Indiana Worker’s Compensation Claims

As with all areas of the law, the statutes and rules governing worker’s compensation claims in Indiana continue to evolve. Employees and employers should be aware of several changes to Indiana’s worker compensation claims from the Indiana General Assembly’s 2020 legislative session.

The General Assembly increased the mileage reimbursement rate from 38 cents to 39 cents per mile. While a rather minimal increase, it is important to be aware of this change when handling a worker’s compensation claim and calculating compensable mileage.

The General Assembly also changed the process for valuing loss of vision claims. Compensation for visual impairments is now based on the Functional Vision Score, which looks at visual acuity and the visual field to determine whether there has been any reduction in a worker’s ability to perform vision-related activities of daily living. Such impairments will be calculated and paid as a whole person rating, unless a compensable injury results in the permanent and complete loss of vision by enucleation, which remains calculated as 35 degrees of permanent impairment.

The General Assembly also shifted some burdens in subrogation cases from the employee to the employer. Also, Indiana now requires all instances involving the termination of temporary total disability benefits to be filed electronically with the Worker’s Compensation Board, and requires some terminations that meet certain qualifications to include written notice to the injured employee on a form approved by the Board.
For questions involving any aspect of the Worker’s Compensation Act, or any potentially compensable claim, please contact McNeelyLaw LLP’s attorneys by visiting mcneelylaw.com or calling our office at 317-825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.