Indiana's Worker's Compensation Act is IC 22-3. It is administered by the Worker's Compensation Board of Indiana, which has seven members, all attorneys, appointed by the governor (IC 22-3-1-1). The Department of Insurance regulates insurers and the assigned risk plan (IC 27-7-2). The national guide covers the general concepts: the exclusive-remedy bargain, the policy parts (Part One, Part Two, Part Three Other States) and experience rating. These notes cover the Indiana rules.

Who must be covered

• Securing compensation: every covered employer must insure payment of compensation, or get a certificate from the Board allowing it to carry the risk itself (IC 22-3-2-5).

• The State may not buy workers' comp insurance and may self-insure instead.

• Not covered by the Act (IC 22-3-2-9, 22-3-2-2):

  • casual laborers;
  • farm and agricultural employees;
  • household employees;
  • certain part-time youth coaches;
  • railroad train-service employees.

  An exempt employer may accept the Act by giving notice 30 days before an accident and filing a copy with the Board within 5 days.

• Owners and officers (IC 22-3-6-1):

  • Corporate executive officers are employees, but may opt out by written notice.
  • Sole proprietors and partners may elect coverage.
  • Construction-trade independent contractors who don't elect coverage need a certificate of exemption.
  • Real estate professionals paid by sales volume under a written non-employee agreement are not employees.

• Minors are people under 17. A minor working illegally gets double compensation. The insurer pays half and the employer pays half.

Benefits

Defenses, notice and claims

• No compensation for:

  • knowingly self-inflicted injury;
  • intoxication;
  • committing an offense;
  • knowingly failing to use a safety appliance.

  The employer must prove these defenses (IC 22-3-2-8).

• Exclusive remedy: the Act is the exclusive remedy against the employer (IC 22-3-2-6). Suits against third parties are allowed, subject to the employer's lien (IC 22-3-2-13).

• Notice: the employee notifies the employer within 30 days. Late notice bars benefits only to the extent the employer was prejudiced (IC 22-3-3-1).

• Denials: the employer or insurer must accept or deny within 30 days of learning of the injury. The Board can grant 30 more days (IC 22-3-3-7(c)).

• Ending TTD: an employee who disagrees with a notice ending TTD has 7 days to object.

• Claim deadline: within two years of the accident or death. Payment of temporary benefits restarts the clock (IC 22-3-3-3).

The assigned risk plan and rating

• Participation: all insurers writing workers' comp must take part. The rating bureau administers the plan with the commissioner's approval (IC 27-7-2-28.1).
• Rejected risks: bureau members must accept a risk that three members have rejected in writing (IC 27-7-2-28).
• Experience rating compares an employer's losses with others in the same classification, producing a credit, debit or unity mod (IC 27-7-2-2).

Common exam traps

• The Worker's Compensation Board handles claims. Its members are attorneys.
• The waiting period is 7 days. Benefits start on day 8 and are paid back if disability lasts more than 21 days.
• The benefit rate is 66⅔%: TTD up to 500 weeks, TPD up to 300.
• Notice is due within 30 days. Claims are filed within 2 years.
• Farm, household and casual workers are exempt.
• There is no monopolistic state fund. The residual market is the assigned risk plan.