Workers’ Compensation Insurance in Indiana
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Indiana workers' compensation insurance

Indiana law requires every business operating in the state to provide workers’ compensation insurance to their employees, with certain exceptions.

Who needs workers’ comp insurance in Indiana?

Every state has different requirements for workers’ compensation insurance. Most businesses with employees in the state of Indiana must have workers’ compensation insurance. This policy covers the cost of medical treatment when an employee suffers a work injury. Unlike workers’ comp laws in some states, the number of employees at a business has no bearing on the requirement in Indiana.

Indiana’s workers’ compensation laws apply to full-time employees, company executives, employees working outside the state (as long as they have an Indiana working relationship), part-time employees, minor employees, and certain students receiving federally funded on-the-job training.

Who is exempt from workers’ compensation insurance in Indiana?

Some employees are exempt from Indiana's workers’ compensation system and are also ineligible to elect optional workers’ compensation insurance coverage. These include:

  • Railroad employees covered under the Federal Employees Liability Act
  • Employees engaged in interstate or foreign commerce who have access to federal alternatives to state-based workers’ compensation (seamen, longshoremen, etc.)
  • Real estate employees (i.e., real estate agents who work as independent contractors for real estate brokers)
  • Independent contractors (based on a combination of IRS and state guidelines)
  • Athletes on scholarship
  • Prison inmates
  • Volunteers
  • Coaches for youth sports teams

What about independent contractors in the construction industry?

If you’re a contractor in a construction trade, those who hire you are not required to provide you with workers’ compensation insurance as long as you meet the IRS tests for independent contractor status.

You can find these in IRS Publication 15-A, Employer’s Supplemental Tax Guide. If you meet those tests, you must then fill out a Workers’ Compensation Clearance Certificate with the Workers’ Compensation Board of Indiana and pay a $20 filing fee.

These requirements also apply to independent contractors who are sole proprietors.

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As an Indiana employer, do I need workers’ compensation for myself?

In most cases, you must include yourself in your company’s workers’ compensation coverage in the Hoosier state. However, there are two key exceptions:

  • If you’re a sole proprietor
  • If you’re one of the parties in a partnership

In both of these cases, you don’t have to buy workers’ compensation for yourself, but it's still a good idea. Health insurance providers can deny work-related injury claims, which could leave you paying expensive medical bills if you're injured on the job.

For what other Indiana workers is workers’ compensation optional?

Some people aren’t required to have workers’ compensation coverage, but business owners can elect to include them under their insurance policy. This option applies to:

  • Local police officers and firefighters under some conditions
  • Reserve police officers
  • Volunteers working for hazardous materials response teams
  • Executive officers of public or nonprofit corporations
  • Owner-operators who provide their vehicles and driver services to a trucking company that transports freight
  • Members and managers of limited liability corporations who actively work in the business
  • Individuals entered into a township, municipality, or county roster of volunteers
  • Volunteers who work at state-owned or operated psychiatric facilities
  • Other employees such as casual laborers, household workers, and farm or agricultural workers

Indiana law requires every business operating in the state to provide workers’ compensation insurance to their employees.

What does workers' comp cover for Indiana businesses?

Here are several examples of how workers' compensation insurance coverage helps pay expenses for injured workers:

  • A wholesale stocker develops a back injury from many years of lifting and moving heavy stock onto pallets and trucks. Workers' comp covers their attending physician fees and pain medication, as well as provides disability benefits to replace part of the wages they miss while they're recovering.
  • A barista is burned while preparing a hot beverage for a customer. Workers' comp covers their medical provider appointment and pain medication, as well as a reimbursement for any out-of-pocket expenses relating to the claim.
  • A retail store employee slips on a wet floor and hits their head. In this instance, workers' compensation would cover their emergency room trip, head MRI, and any following medical expenses during their recovery.
  • A nurse trips on a cord in their patient's room and breaks their wrist. Workers' comp covers the cost of the ER visit, surgery, medications, and then two months of physical therapy to help them recover.

What does workers' compensation insurance not cover?

Additionally, here's what your workers' comp policy won't cover:

  • Injuries caused by intoxication, drugs, or company policy violations
  • Injuries claimed after a firing or layoff
  • Wages for a replacement worker
  • Occupational Safety and Health Administration (OSHA) fines

How much does workers' compensation insurance cost in Indiana?

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The average cost of workers’ compensation in Indiana is $60 per month.

Your workers' comp premium is calculated based on a few factors, including:

  • Payroll
  • Location, such as Indianapolis, Fort Wayne, or Evansville
  • Number of employees
  • Industry and risk factors
  • Coverage limits and exclusions
  • Claims history

How do you buy workers' compensation in Indiana?

Business owners in Indiana have four choices when it comes to buying a workers' compensation policy.

  • Private insurance companies. You could contact each workers' compensation insurance carrier independently to compare their products and rates, but that's where agents and brokers like Insureon come in. As the nation's leading digital insurance agency, Insureon partners with 30+ top-rated insurance carriers to deliver the right coverage for your business. Fill out an easy online application to get started.
  • The Indiana State Insurance Fund. You can get insured through the state fund, which accepts some employers who might not be accepted by private insurers.
  • Self-insurance. Employers who are approved by the Indiana Compensation Rating Bureau (ICRB) and meet certain requirements may be able to self-insure for workers' comp.
  • The assigned risk pool. Employers who are ineligible for the above can get insurance through the ICRB assigned risk pool.

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How are workers' comp premiums calculated?

Insurance providers use a specific formula for calculating workers' comp premiums:

Workers' compensation premium calculation formula

Here's a breakdown of this equation:

  • The classification rate reflects your employees' risk. Each worker has a classification code for the type of work they do. Insurers look up those codes in a database to find the associated rate, which is lower for office workers and higher for carpenters, tree trimmers, and others with a higher rate of injuries. Unlike other states that rely on the National Council on Compensation Insurance (NCCI) database, Indiana utilizes the Indiana Compensation Rating Bureau.
  • The experience modification rate (EMR) reflects your business's risk. The average experience modification rate is 1.0, which means a business is similar in risk to others in its profession. Higher EMRs reflect higher risks, such as a history of claims. The EMR only comes into play for annual workers' comp premiums of at least $5,000, so it's not a factor for many small business owners.
  • The insurer multiplies these numbers with your payroll divided by 100 to come up with your workers' compensation rate. Workers' compensation audits are typically done each year to ensure your business pays the right premium for this coverage.

How can Indiana business owners save money on workers' comp?

To save money on workers' comp insurance, it's important to make sure you classify your employees correctly. Employees with desk jobs or other jobs with a low risk of injury cost less to insure. This also helps you avoid misclassification fines.

In some cases, small business owners can choose to buy pay-as-you-go workers' compensation. This type of workers' comp policy has a low upfront premium, and lets you make payments based on your actual payroll instead of an estimated payroll. It's useful for businesses that hire seasonal help or have fluctuating numbers of employees.

A ghost policy is a cheap option in some states, including Indiana. A ghost policy is a workers' comp policy in name only. It provides no protection or medical benefits, but can fulfill contractual requirements for a workers' comp certificate at a reduced price.

Finally, a documented safety program can help lower workers' comp costs. A safer workplace means fewer accidents, which helps keep your premium low.

How does workers’ compensation work in Indiana?

When an employee is injured on the job or develops an occupational disease, workers' compensation insurance pays medical bills and covers part of the wages lost during recovery (usually two-thirds of their average weekly wage).

Policies usually include employer's liability insurance, which can help cover legal advice and expenses if an employee blames their employer for an injury. However, the exclusive remedy provision in most workers' comp policies prohibits an employee from suing their employer if they accept workers' comp benefits.

Workers' compensation benefits can include:

  • Medical care (emergency room, hospitalization, prescriptions, rehabilitation, etc.)
  • Temporary partial disability benefits (TPD)
  • Temporary total disability benefits (TTD)
  • Permanent partial impairment or PPI rating
  • Permanent total disability benefits (PTD)
  • Vocational rehabilitation
  • Death benefits

Sometimes the injured employee is awarded their workers' comp benefits in a lump sum, however it's typically paid out in weekly installments until they can return to work, or until they reach maximum medical improvement. The amount they receive depends on an impairment rating assigned by the doctor.

What are the penalties for not having workers’ comp insurance in Indiana?

According to Indiana code, if an employer doesn't have the required workers’ compensation coverage, they'd be committing a Class A infraction and could be held personally liable for:

  • A fine up to $10,000
  • Compensation for the injured worker, not to exceed double the compensation provided
  • The injured worker's medical expense
  • Reasonable attorney fees

Additionally, the employer would have to cease business operations in Indiana until proof of insurance is shown.

Indiana workers' comp death benefits

When an Indiana employee dies after sustaining a work-related injury or illness, their family can collect death benefits. Dependents are eligible for 500 weeks of lost wages at 67% of the deceased’s average weekly wage. Any medical benefits and up to $7,500 for burial expenses are also covered.

Dependents in Indiana fall into two eligibility categories:

Presumptive dependents receive death benefits divided equally among them. They include:

  • Spouse (as long as they do not re-marry)
  • Unmarried children under the age of 21 who are living with the employee
  • Unmarried children under the age of 21 who are not living with the employee but for whom the employee has a legal support obligation
  • Children over 21 who have never been married and are mentally or physically handicapped, or are keeping house for the employee and not otherwise gainfully employed

Dependents-in-fact are entitled to benefits if there are no presumptive dependents at the time of the employee's death. They include individuals related by blood or marriage who are dependent, either totally or partially, upon the deceased employee.

Indiana workers' compensation laws for claims and settlements

Under the Indiana Workers' Compensation Act, employees must inform their employer about any injury that occurs on the job within 30 days. The employer has the right to choose the medical provider. If the injury causes a permanent disability, such as a permanent back injury, the employee is entitled to a workers' compensation settlement.

The worker can file an Application for Adjustment of Claim and submit it to the Indiana Workers' Compensation Board through the IN.gov website if they wish to dispute a workers' comp claim.

Workers’ compensation statute of limitations in Indiana

Indiana has a two-year statute of limitations for workers' compensation claims. That means injured workers can file a claim up to two years from the date of injury.

Get free workers’ comp quotes with Insureon

If you are ready to buy a workers' compensation policy, start a free application with Insureon to compare quotes from top-rated insurance carriers. A licensed insurance agent will help answer your questions and explain your coverage options. Once you find the right policy, you can usually begin coverage and get your certificate of insurance in less than 24 hours.

Updated: January 2, 2025

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