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Indiana Workers Compensation Laws

Workers compensation laws, rules and policy information for the State of Indiana

Related Pages:  More About Indiana Rules


State:  Indiana

Updated:  01-10-2017

Authority/Rating Bureau:  Indiana Compensation Rating Bureau. Contact at: Website - Indiana Compensation Rating Bureau

ICRB
5920 Castleway West Drive
Indianapolis, IN 46250
P.O. Box 50400
800.622.4208
317.842.2800
Fax: 317.842.3717

Compulsory:  Yes

Private Insurance:  Allowed

Self-Insurance:  Allowed

State Fund:  None

Assigned Risk:  Indiana Compensation Rating Bureau. Contact at: Website - Indiana Assigned Risk Plan

ICRB
5920 Castleway West Drive
Indianapolis, IN 46250
P.O. Box 50400
800.622.4208
317.842.2800
Fax: 317.842.3717



Numerical Exceptions:  None

Individual Waivers Allowed:  No

Small Deductible Program:
  • Allowed:  Yes - However it is optional that insurance carriers make available
  • Deductible Range:  $500 - $5,000
  • Type:  Medical and Indemnity
  • Effect on Experience Rating:  Gross
  • Available In:  Voluntary and Residual Market
  • For More Information About How Deductible Programs Work

Sole Proprietor:  Excluded from coverage/may elect to be included. If included in coverage the rating payroll used is a minimum of $650 to a maximum of $3,000 per week as of 1-1-2012, $650 / $3,100 as of 1-1-2013, $700 / $3,200 as of 1-1-2014, $700 / $3,200 as of 1-1-2015. $700 / $3,400 as of 1-1-2017.

Partners:  Excluded from coverage/may elect to be included. If included in coverage the rating payroll used is a minimum of $650 to a maximum of $3,000 per week as of 1-1-2012, $650 / $3,100 as of 1-1-2013, $700 / $3,200 as of 1-1-2014, $700 / $3,200 as of 1-1-2015. $700 / $3,400 as of 1-1-2017.

Corporate Officers:  Included in coverage/may elect to be exempt. If included in coverage the rating payroll used is a minimum of $650 and a maximum of $3,000 per week as of 1-1-2012, $650 / $3,100 as of 1-1-2013, $700 / $3,200 as of 1-1-2014, $700 / $3,200 as of 1-1-2015. $700 / $3,400 as of 1-1-2017.

LLC Members:  As of 1-1-12, are excluded from coverage/may elect to be included. If included in coverage the rating payroll used is a minimum of $650 and a maximum of $3,000 per week as of 1-1-2012, $650 / $3,100 as of 1-1-2013, $700 / $3,200 as of 1-1-2014, $700 / $3,200 as of 1-1-2015. $700 / $3,400 as of 1-1-2017.

Indiana Statute Governing Entities:  IC 22-3-6-1 Definitions and Exemptions ;

Indiana Exclusion and Inclusion Forms:  No forms were found on the Indiana State Workers Compensation Website for Exclusion or Inclusion.

A Note About Forms:  Be sure to check with your insurance company for any additional forms they may use for exclusion or inclusion of coverage.



Contractors:  Independent contractors in the building and/or construction trades are required to become certified with the Indiana Worker’s Compensation Board. Injuries occurring while working as an independent contractor will NOT be covered by worker’s compensation. However, injuries sustained while working as an employee might be covered.

Special Notes:  Indiana is not a NCCI state. They have their own rating bureau as indicated above. The bureau does use NCCI for ratemaking and uses NCCI basic manual, but does not always follow NCCI classifications. For confirmation on classifications always check with ICRB.

Experience Rating Eligibility:  Employers in Indiana will receive an experience modification rate or EMR when they meet one of these triggers:
  • $5,000 in policy premium is generated during the last year or last two years.
  • $2,500 is the average policy premium generated for more than two years.


Indiana Subrogation of Workers Compensation:  You'll find that subrogation of workers comp is addressed in Indiana State Statute 22-3-2-13. This statute is available online for viewing. If you are researching this topic just use the below link and you will be taken to Title 22, 3, Chapter 2. Once you get there just scroll down to 22-3-2-13, which is entitled "Claims against third persons;subrogation;procedures," to find the information you need. Go Here For The Indiana Subrogation Statute

Indiana Workers Working In Other States; Other States Workers Working In Indiana, Extraterritorial, Reciprocity and Non-Compliance:  If Indiana workers are working temporarily in another state, then workers compensation coverage for that worker is governed by the extraterritorial provisions found in Indiana statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. It's reciprocity that governs coverage for a worker from another state who is working temporarily in Indiana. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please be sure to contact your state authority with your specific questions concerning this topic!

  • Extraterritorial: 
    • Provisions: Yes
    • Duration: Not Specific
  • Reciprocity: 
    • Allowed: Yes
  • Specific Statute:  IC 22-3-2-20; Place of accident ;
  • For More Information Contact:  Workers Compensation Board of Indiana as shown below.



Regulated By: 

Indiana Compesation Rating Bureau
5920 Castleway West Drive
Indianapolis, IN 46250
P.O. Box 50400
800-622-4208
tel 317-842-2800
fax 317-842-3717
http://www.in.gov/wcb/

Indiana Insurance Department
311 W. Washington, Ste. 300
Indianapolis, IN 46204
317-232-2385
http://www.state.in.us/idoi

Worker's Compensation Board of Indiana
402 West Washington Street Room W-196
Indianapolis, Indiana 46204
800-824-comp
Workers Compensation Board

Workers Compensation Statute: 

Indiana Workers Compensation Statute

Here is a link to the Workers Compensation Handbook as distributed by the Workers Compensation Board of Indiana. It's a great resource for your use. ****Please note that the Indiana Workers Compensation Handbook is under revision by the Indian Workers Comp Board. Please check back and we will provide the link when available.****


Didn't find what you're looking for? Search here for more about Indiana rules: 



Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.





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