Workers' comp claim denied in Indiana: what to do next

First talk with the insurance carrier (or self-insured employer) to find out why your claim was denied; sharing information or medical records often fixes it.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Indiana

Who decides

Worker's Compensation Board of Indiana: a Single Hearing Member decides; the Full Board hears appeals

First step

First talk with the insurance carrier (or self-insured employer) to find out why your claim was denied; sharing information or medical records often fixes it. If not, contact the Board's ombudsman division (317-233-3009) and file a Request for Assistance for the free informal dispute process. The Board also offers mediation.

Source: State Form 45442

Form

Application for Adjustment of Claim (State Form 29109)

Deadline

The Application for Adjustment of Claim must be filed within 2 years of the date of injury. An Application for Review by the Full Board must be filed within 30 days of the hearing member's award.

Medical disagreements

If the carrier plans to stop your temporary total disability benefits and you disagree, you must send written notice of disagreement to the Board and your employer within 7 days of receiving the notice (State Form 38911, by mail or online). You can ask for an independent medical exam; the employer pays for one when your benefits are stopped. Disputes about medical care itself go to the Board on an Application for Adjustment of Claim.

Appealing the decision

Application for Review by the Full Board within 30 days of the award; then an appeal to the Indiana Court of Appeals within 30 days of the Full Board's award.

Source: State Form 1042

Informal: file a Request for Assistance; a Board case coordinator contacts the parties and tries to resolve the issue.
Formal: file an Application for Adjustment of Claim with the Board within 2 years of the injury. It is set for a pre-trial conference or hearing before a Single Hearing Member.
The Single Hearing Member holds the hearing and issues a written award.
If you disagree, file an Application for Review by the Full Board within 30 days of the award.
After the Full Board, either side can appeal to the Indiana Court of Appeals on questions of law within 30 days of the Full Board's award.

Law: Ind. Code §§ 22-3-3-3, 22-3-3-7(e), 22-3-4-7, 22-3-4-8

Source: in.gov

Sources

The official sources for Indiana are listed on the Indiana page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org