How do I file a workers' compensation claim in Indiana?

Indiana workers' comp is governed by Ind. Code Title 22, Article 3, administered by the Workers' Compensation Board of Indiana.

1. Coverage

Required for all employers with 1+ employee (Ind. Code § 22-3-2-2). Excluded: railroad workers (FELA), federal employees, casual labor, household domestic workers under thresholds, certain farm/agricultural employees, and qualifying independent contractors.

2. Notice to Employer

Notice within 30 days of injury (Ind. Code § 22-3-3-1). Late notice can be excused for reasonable cause and absence of prejudice.

3. Claim Filing

File Form 29109 (Application for Adjustment of Claim) with the Workers' Compensation Board within 2 years of injury or death (Ind. Code § 22-3-3-3).

4. Benefits

Medical fully covered. Temporary Total Disability pays 66 2/3% of average weekly wage subject to state max (about $832/week — Indiana's max is among the lower in the nation) for up to 500 weeks (Ind. Code § 22-3-3-7). Permanent Partial Impairment under § 22-3-3-10 uses degrees of impairment × dollar values. Permanent Total Disability under § 22-3-3-10 capped at 500 weeks. Death benefits under § 22-3-3-17 up to 500 weeks plus $7,500 burial.

5. Independent Medical Exam (IME)

Carrier may require IME under § 22-3-3-6. Board may also appoint an independent medical examiner.

6. Choice of Doctor

Employer selects the treating physician in Indiana (Ind. Code § 22-3-3-4). Employee who self-treats without authorization generally bears the cost.

7. Denied Claim / Appeal

Single Hearing Member of the Board conducts hearing. Appeal to the Full Board within 30 days, then to the Indiana Court of Appeals (§ 22-3-4-8).

8. Third-Party Suit

Ind. Code § 22-3-2-13 preserves third-party rights. Employer/carrier has subrogation lien — reduced for pro-rata attorney's fees under the statute.

This is legal information, not legal advice.