• 2018 LEGISLATIVE CHANGES

    2018 Indiana Workers Compensation Legislation ChangesIn addition to the legislative changes mentioned in the last ISIA Newsletter, the following changes relating to the Indiana Worker’s Compensation Act have been passed in the 2018 legislative session:

    • An employer with mobile or remotely based employees shall convey the required Worker’s Compensation Notice to such employees in an electronic format or in the same manner as the employer conveys other employment-related information.  (This method for notice is in addition to the posting of the Worker’s Compensation Notice for fixed situs employees.)
    • The permanent partial impairment (PPI) rating assigned by the attending physician must be tendered to the employee within 15 days after the date of the PPI report. The tender would include a properly completed Form 1043 Agreement for Permanent Partial Impairment, the PPI report, a Form 53913 Employee Waiver of Examination by Personal Physician and an amputation chart (page 2 of Form 2118 Physician’s Report), if necessary.   When the signed Form 1043 Agreement for PPI is received from the employee, it must be submitted to the Worker’s Compensation Board for approval within 15 days of the date it was received from the employee. (This is intended to avoid delays in the PPI agreement process.  The failure to comply with the 15-day deadlines may constitute a lack of diligence.)
    • A self-insured employer is required to electronically submit Form 34401 First Report of Injury to the Board within 7 days after the employer’s knowledge of an injury, either actual, alleged or reported, that causes an employee’s death or the need for medical treatment beyond mere first aid.  (There will no longer be a requirement of more than one day of disability before the First Report of Injury must be submitted.  Insured employers submit the First Report of Injury to their insurer.)  The “beyond first aid” reporting requirement so established is meant to be consistent with the reporting requirement set out in the OSHA regulations. (29 CFR 1904.7)
    • The definition of an employer has been clarified to make clear that a corporation, limited liability company or limited liability partnership that controls the activities of another corporation, limited liability company or limited liability partnership, or a corporation and a limited liability company or a corporation and a limited liability partnership that are commonly owned entities, or the controlled corporation, limited liability company, limited liability partnership , or commonly owned entities and a parent corporation and its subsidiaries shall each be considered joint employers of the corporation’s, the controlled corporation’s, the limited liability companies’, the limited liability partnerships’ the commonly owned entities’, and the parent’s or subsidiaries’ employees for the purposes of the exclusive remedy protection of the Indiana Worker’s Compensation Act.  (The addition of limited liability companies, limited liability partnerships and controlled and commonly owned entities clarify the application of the exclusive remedy to forms of business like the parent and subsidiary form of business.)

    Leave a Reply