The Indiana workers compensation act — formally the Indiana Indiana Worker’s Compensation Act (Indiana spells it “Worker’s”, in the singular). Occupational diseases fall under a separate law, the Worker’s Occupational Diseases Compensation Act, IC 22-3-7., found at Indiana Code Title 22, Article 3 (IC 22-3-1-1 et seq.). The injury provisions are IC 22-3-2 through IC 22-3-6.
The Board’s rules are at 631 IAC 1-1. — is the statute behind every workers’ comp claim, benefit and employer mandate in the state. This plain-English guide to the Indiana workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties.
Verified against the official code as of October 2026.
Indiana at a Glance
| Official name | Indiana Worker’s Compensation Act (Indiana spells it “Worker’s”, in the singular). Occupational diseases fall under a separate law, the Worker’s Occupational Diseases Compensation Act, IC 22-3-7. |
| Where it lives | Indiana Code Title 22, Article 3 (IC 22-3-1-1 et seq.). The injury provisions are IC 22-3-2 through IC 22-3-6. The Board’s rules are at 631 IAC 1-1. |
| First enacted | 1915 |
| Reporting deadline | As soon as practicable, by written notice to the employer. If notice is not given within 30 days, no compensation is paid until notice is given or the employer learns of the injury. A lack of notice does not bar the claim unless the employer shows it was prejudiced (IC 22-3-3-1). |
| Filing deadline | 2 years from the accident, or 2 years from the death, to file with the Worker’s Compensation Board, or the right is forever barred. Radiation claims run 2 years from when the worker knew or should have known (IC 22-3-3-3). |
| Exclusive remedy | IC 22-3-2-6. Workers’ comp rights exclude all other remedies against the employer for personal injury or death “by accident.” There are two main exceptions. First, intentional torts are not “by accident,” and Indiana courts read that exception narrowly. Second, you can still bring a third-party claim against a negligent party other than the employer (IC 22-3-2-13). |
In This Indiana Guide:
What the Indiana Workers Compensation Act Is
An workers’ compensation act is an no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Indiana workers compensation act dates to 1915. It lives at Indiana Code Title 22, Article 3 (IC 22-3-1-1 et seq.). The injury provisions are IC 22-3-2 through IC 22-3-6.
The Board’s rules are at 631 IAC 1-1., and the official text is linked in the sources. Occupational diseases have their own parallel act (IC 22-3-7), with its own exclusive-remedy and insurance sections (IC 22-3-7-6 and IC 22-3-7-34). There is a Second Injury Fund funded by employer assessments (IC 22-3-3-13).
The Board can award damages and attorney fees for an employer’s or carrier’s bad faith in adjusting or settling a claim (IC 22-3-4-12.1). Carriers must send injury reports to the Board within 7 days of receiving them, or within 14 days of the employer learning of the injury, whichever is later (IC 22-3-4-13). Benefit maximums adjust each July 1 under IC 22-3-3-22.
Confirm current figures with the Board and a licensed attorney.
Who the Indiana Workers Compensation Act Covers
IC 22-3-5-1(a). Every employer that is not exempt must insure and keep insured its liability with an authorized carrier, or qualify to self-insure. The threshold is generally one or more employees, with no minimum headcount (confirm with the Board). IC 22-3-2-9. Exempt workers include casual laborers (defined in IC 22-3-6-1), farm or agricultural employees, household employees, and railroad train-service employees in interstate commerce, who fall under federal law instead.
Waiver and acceptance of coverage are also in IC 22-3-2-9.
Deadlines in the Indiana Workers Compensation Act
Waiting period: IC 22-3-3-7. The waiting period is 7 days, and benefits start on the 8th day of disability. The first 7 days are paid only if the disability lasts more than 21 days. Medical benefits have no waiting period.. Wage-loss rate: IC 22-3-3-8. Temporary total disability pays 66 2/3 percent of average weekly wages, for no more than 500 weeks. The weekly maximums change every year under IC 22-3-3-22..
Indiana Workers Compensation Act: Key Sections at a Glance
The sections of the Indiana workers compensation act that decide most cases, each with its citation:
| Coverage mandate | IC 22-3-5-1(a). Every employer that is not exempt must insure and keep insured its liability with an authorized carrier, or qualify to self-insure. The threshold is generally one or more employees, with no minimum headcount (confirm with the Board). |
| Exemptions | IC 22-3-2-9. Exempt workers include casual laborers (defined in IC 22-3-6-1), farm or agricultural employees, household employees, and railroad train-service employees in interstate commerce, who fall under federal law instead. Waiver and acceptance of coverage are also in IC 22-3-2-9. |
| Report an injury | As soon as practicable, by written notice to the employer. If notice is not given within 30 days, no compensation is paid until notice is given or the employer learns of the injury. A lack of notice does not bar the claim unless the employer shows it was prejudiced (IC 22-3-3-1). |
| File a claim | 2 years from the accident, or 2 years from the death, to file with the Worker’s Compensation Board, or the right is forever barred. Radiation claims run 2 years from when the worker knew or should have known (IC 22-3-3-3). |
| Waiting period | IC 22-3-3-7. The waiting period is 7 days, and benefits start on the 8th day of disability. The first 7 days are paid only if the disability lasts more than 21 days. Medical benefits have no waiting period. |
| Wage-loss rate | IC 22-3-3-8. Temporary total disability pays 66 2/3 percent of average weekly wages, for no more than 500 weeks. The weekly maximums change every year under IC 22-3-3-22. |
| Exclusive remedy | IC 22-3-2-6. Workers’ comp rights exclude all other remedies against the employer for personal injury or death “by accident.” There are two main exceptions. First, intentional torts are not “by accident,” and Indiana courts read that exception narrowly. Second, you can still bring a third-party claim against a negligent party other than the employer (IC 22-3-2-13). |
| Retaliation | No standalone statute. The protection comes from case law: Frampton v. Central Indiana Gas Co. (Ind. 1973) lets a worker sue for retaliatory discharge if fired for filing a workers’ comp claim, and damages are recoverable in a civil action. Separately, IC 22-3-2-15 says no contract, agreement or rule can relieve an employer of its obligations under the Act. |
| Who hears disputes | The Worker’s Compensation Board of Indiana handles disputes in three steps. A Single Hearing Member hears the claim (IC 22-3-4-5). Either party can apply for review by the Full Board within 30 days of the award (IC 22-3-4-7). From there, an appeal goes to the Indiana Court of Appeals, which requires filing a praecipe within 15 days (IC 22-3-4-8). |
The Exclusive-Remedy Bargain in the Indiana Workers Compensation Act
IC 22-3-2-6. Workers’ comp rights exclude all other remedies against the employer for personal injury or death “by accident.” There are two main exceptions. First, intentional torts are not “by accident,” and Indiana courts read that exception narrowly. Second, you can still bring a third-party claim against a negligent party other than the employer (IC 22-3-2-13).
Retaliation and Penalties Under the Indiana Workers Compensation Act
No standalone statute. The protection comes from case law: Frampton v. Central Indiana Gas Co. (Ind. 1973) lets a worker sue for retaliatory discharge if fired for filing a workers’ comp claim, and damages are recoverable in a civil action. Separately, IC 22-3-2-15 says no contract, agreement or rule can relieve an employer of its obligations under the Act.
The penalty section covers employers who go without required coverage: fines, stop-work orders and, in many states, criminal exposure. The Worker’s Compensation Board of Indiana handles disputes in three steps. A Single Hearing Member hears the claim (IC 22-3-4-5). Either party can apply for review by the Full Board within 30 days of the award (IC 22-3-4-7).
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
From there, an appeal goes to the Indiana Court of Appeals, which requires filing a praecipe within 15 days (IC 22-3-4-8).
Recent Amendments to the Indiana Workers Compensation Act
No amendment to the Indiana workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Indiana Workers Compensation Act
Statute pages are written for lawyers, so read the Indiana workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Indiana workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Indiana claim guide turns these sections into steps and dates, and the Indiana requirements guide covers the employer side.
Frequently Asked Questions
Where is the Indiana workers compensation act in the code?
Indiana Code Title 22, Article 3 (IC 22-3-1-1 et seq.). The injury provisions are IC 22-3-2 through IC 22-3-6. The Board’s rules are at 631 IAC 1-1.. The sources below link to the official text.
How long do I have to report a work injury under the Indiana act?
As soon as practicable, by written notice to the employer. If notice is not given within 30 days, no compensation is paid until notice is given or the employer learns of the injury. A lack of notice does not bar the claim unless the employer shows it was prejudiced (IC 22-3-3-1).. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Indiana workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Indiana Sources & Resources
- Indiana Worker’s Compensation Board of Indiana: https://www.in.gov/wcb/
- Indiana Workers’ Comp Statute: https://iga.in.gov/ic/2026/Title_22/Article_3.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Indiana workers compensation act guide was last verified against official Indiana sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
You May Also Like
More Indiana Workers’ Comp Guides
- How to File an Indiana Workers’ Comp Claim
- Indiana Workers’ Comp Settlements
- Indiana Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.