Indiana workers' compensation insurance: Your ultimate resource

Understanding Indiana workers' compensation insurance

Located in the heartland of America, Indiana is full of rich history and thriving industries. From the bustling streets of Indianapolis to the serene landscapes of Brown County State Park, the Hoosier State offers a diverse canvas of natural beauty and urban sophistication. 

Renowned for its basketball legacy and automotive manufacturing prowess, Indiana embodies a spirit of resilience and innovation that allows businesses to thrive. When it comes to protecting your business and employees, selecting the right workers' compensation insurance is essential.

What is workers' compensation?

Workers’ compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.

Part and full-time workers are considered employees under Indiana workers’ compensation law. 

Without workers’ compensation, the cost of a work-related injured or employee’s medical treatment could become the responsibility of your business.

Indiana workers' compensation laws

The Workers’ Compensation Board of Indiana administers the workers’ comp law in the state. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.    

Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The Workers’ Compensation Board of Indiana can approve self-insured requests based on financial requirements.

Employees can verify online if their employer has coverage.

Coverage and benefits

Who is covered?

Policies include protection for full and part-time employees.

Some exemptions from workers’ comp in Indiana may include, for example:

  • Railroad employees
  • Employees in federal commerce
  • Real estate professionals
  • Independent contractors
  • Volunteers

Covered injuries and illnesses

Workers’ compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions. 

Benefits provided

Indiana workers’ comp insurance provides four types of benefits for work injuries:

  • Medical benefits
  • Rehabilitation 
  • Income benefits 
  • Death benefits

These benefits include:

  • Medical treatment for work-related accidents, injuries and/or illnesses 
  • Temporary benefits 
  • Permanent benefits
  • Benefits to surviving dependents

Indiana workers’ compensation rates

The weekly compensation rate in Indiana is 66 ⅔% of the employee’s average weekly wage for the past 52 weeks. The weekly compensation is not to exceed a maximum amount set by the law. 

Find more information on Indiana’s benefit rates.

Indiana workers' compensation insurance process

Filing a workers' compensation claim

In the event of a work-related injury or illness: 

Step 1: Employee reports injury to employer 

Employees in Indiana should report their injury to their employer immediately but no later than 30 days from the accident.

Step 2: Seek medical care

The employee should immediately seek medical attention. 

Step 3: Employer reports injury

Once notified of the injury, employers should file a report of the accident immediately to their workers' compensation insurance partner.

Step 4: Receive benefits

If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.

Step 5: Return to work

Following their recovery, a worker is expected to resume work safely.  If a work injury has left an injured employee unable to do any type of work, the employee might be entitled to permanent disability benefits.

Choosing a healthcare provider 

The employer, or its workers’ compensation partner, can choose the treating doctor for a workers’ compensation injury in Indiana.  

Compensation for missed work

If an employee is off work:

  • Less than seven days: They are not eligible for weekly income benefits. 
  • More than seven but less than 21 days: They are eligible for lost time benefits after the seventh day. 
  • More than 21 days: They are eligible for benefits retroactive to the first day they stopped work.   

Resolving disputes

If an employee or employer wishes to dispute a claim, the Workers’ Compensation Board of Indiana offers a variety of alternative dispute resolutions. Alternative dispute resolution is a means to help the parties come to an agreed settlement informally. 

The Board also offers mediation services where a mediator, trained and certified to act as a neutral third party, works to find a resolution satisfactory for both parties.

How to get workers' compensation

Insurance requirements for employers

Generally, employers in Indiana with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.

Choosing the right insurance provider

When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.  

We recommend requesting multiple quotes and comparing the offerings before making a decision.

Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.

Insurance regulations, laws, and available coverages can change. The information provided on this website is for general informational purposes only. Please consult the
Indiana
Departments of Insurance and/or Labor for the most up-to-date and detailed information.

Information updated as of January 1, 2024
People sitting in a room classroom setting in an office

Frequently asked questions

expand_more
What are the penalties for non-compliance with workers' compensation laws in Indiana?

Employers who fail to provide workers’ compensation coverage commit a Class A infraction. The Workers’ Compensation Board of Indiana can fine up to $10,000 and order the employer to cease business in Indiana until the employer provides proof of insurance.

expand_more
Can an employee sue their employer for a work-related injury or illness?

In most cases, employees in Indiana are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.

expand_more
Are independent contractors covered by workers' compensation insurance?

Generally, independent contractors in Indiana aren’t covered by workers' compensation insurance. Workers' compensation laws typically apply to employees rather than independent contractors. However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.

expand_more
How long do I have to report a work-related injury or illness?

Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.

expand_more
How do I verify an employer’s coverage?

Employees can verify online if their employer has coverage.

Expert assistance and resources