Federal & State Lawfederalstatelaw.com
Back to Questions
employmentIN

How do I file a workers compensation claim in Indiana?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Indiana workers' compensation is administered by the Worker's Compensation Board of Indiana (WCB) under Ind. Code Title 22, Article 3.

1. Who Is Covered

  • Virtually all Indiana employers with employees, regardless of number, must carry workers' comp (Ind. Code § 22-3-2-5).
  • Includes part-time and seasonal workers.
  • Sole proprietors, partners, and LLC members may opt out; corporate officers may opt out.

    • 2. Notice to Employer — 30 Days

  • Under Ind. Code § 22-3-3-1, give notice to the employer within 30 days of the injury.
  • Late notice can be excused for good cause shown.

    • 3. Filing Deadline — 2 Years

  • File State Form 29109 (Application for Adjustment of Claim) with the WCB within 2 years of the injury (Ind. Code § 22-3-3-3).
  • Hearings before a single Board member; appeals to the full Board.

    • 4. Weekly Benefit Calculation

  • Temporary Total Disability (TTD): 66 2/3% of AWW (Ind. Code § 22-3-3-8).
  • 2024 maximum TTD: $910/week (one of the lower caps in the country); minimum: $75/week.
  • Permanent Partial Impairment (PPI): lump sum based on degree of permanent impairment per the schedule (e.g., loss of arm = 250 degrees × $1,750/degree for first 35 degrees, more for higher).
  • Permanent Total Disability: 500-week maximum at TTD rate.

    • 5. Maximum Benefit Period

  • TTD: 500 weeks total combined with PTD/PPI (Ind. Code § 22-3-3-22).
  • PPI: lump-sum based on impairment schedule.
  • Permanent Total Disability: 500 weeks at full benefit rate.

    • 6. Medical Treatment — Employer Directs

  • The employer/carrier has the right to choose the treating physician (Ind. Code § 22-3-3-4).
  • If the employer fails to provide care, the employee may choose any provider.
  • Employee may petition for change of doctor for good cause.

    • 7. Choice of Doctor

  • Restricted — employer-controlled.

    • 8. Attorney Fees

  • Capped at 20% of the first $50,000 and 15% of amounts above under Ind. Code § 22-3-1-4; Board approval required.

    • 9. Statute of Repose

  • Total benefits capped at 500 weeks plus medical (Ind. Code § 22-3-3-22).

    • 10. Retaliation

  • Indiana recognizes a common-law cause of action for retaliatory discharge for filing a workers' comp claim (Frampton v. Central Indiana Gas Co., 1973 — landmark Indiana case).

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your benefits approach the 500-week cap
    • The employer's chosen doctor is providing inadequate treatment
    • You face Frampton retaliation after filing a claim
    Related Statutes & Laws
    • Ind. Code § 22-3-1-4
    • Ind. Code § 22-3-2-5
    • Ind. Code § 22-3-3-1
    • Ind. Code § 22-3-3-3
    • Ind. Code § 22-3-3-4
    • Ind. Code § 22-3-3-8
    • Ind. Code § 22-3-3-22

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.