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



Related Pages: More About Indiana Workers Compensation Laws and Rules

State: Indiana

Updated: 03-1-2018

Authority/State Rating Bureau: Indiana Compensation Rating Bureau. Contact at: Website – Indiana Compensation Rating Bureau

ICRB – Indiana Compensation Rating Bureau
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: Assigned risk placement is through the Indiana Compensation Rating Bureau.

Assigned Risk Contact Information: Website – Indiana Assigned Risk Plan

ICRB – Indiana Compensation Rating Bureau
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 waivers allowed.

Small Deductible Program Details:
Allowed: Yes – 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 Markets
To Learn 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. $750 / $3,400 as of 1-1-2018.

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. $750 / $3,400 as of 1-1-2018.

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. $750 / $3,400 as of 1-1-2018.

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. $750 / $3,400 as of 1-1-2018.

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.

Notes About Forms: Be sure to check with your insurance company for any additional forms they may use.


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 Workers Compensation Subrogation: 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 or Reference: IC 22-3-2-20;
    Place of accident
  • For More Information Contact: Workers Compensation Board of Indiana as shown below.




Regulated By: Indiana Insurance Department

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

Workers Compensation Board of Indiana
402 W. Washington, Room W0196
Indianapolis, IN 46204
800-824-COMP
Workers Compensation Board

Workers compensation statute can be found here:

Indiana Workers Compensation Statute

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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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WORKERS COMPENSATION CONSULTANT
Voice: (573) 489-8323
Fax: (573) 447-4998
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