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Hurt at Work

IC 22-3-3-3 — a claim to the worker's compensation board within two years of the accident

Unless the employer already knows, the injured employee gives the employer written notice as soon as practicable. Without notice or knowledge within 30 days, no compensation is paid for the time before notice is given, and even then a late notice bars compensation only to the extent the employer shows it was prejudiced.

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Who handles this in Indiana: Worker's Compensation Board of Indiana; and legal aid programs and the state offices, listed in the Indiana directory.

The right to compensation is forever barred unless a claim is filed with the worker's compensation board within two years after the accident, or after a death it caused. Where temporary disability benefits were paid, the two years run from the last day paid.

  • IC 22-3-3-3
  • Temporary disability compensation starts with the eighth day of disability, and covers the first seven calendar days only where it lasts longer than twenty-one days.
  • For an injury on or after July 1, 1976, total disability is paid at 66 2/3 percent of average weekly wages, for not more than 500 weeks.
  • The first weekly payment is due fourteen days after the disability begins; an employer denying or unable to decide liability tells the board and the employee in writing within 30 days.
  • IC 22-3-3-7
  • IC 22-3-3-8

An employee who disagrees with an employer's notice of intent to stop temporary total disability benefits gives written notice of disagreement to the board and the employer within seven days, or the benefits end.

  • IC 22-3-3-7
Sources for this section (4)
  1. IC 22-3-3-1 — Notice of injury; time
  2. IC 22-3-3-3 — Limitation of actions; radiation
  3. IC 22-3-3-7 — Temporary disability benefits; installment payments; termination; overpayment
  4. IC 22-3-3-8 — Temporary total disability or total permanent disability; awards

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.

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