Suing Over a Work Injury in Indiana
When Indiana law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: The rights and remedies of the Worker's Compensation Act exclude all other rights and remedies of the employee, the employee's representatives, dependents or next of kin against the employer for a personal injury or death by accident, except remedies under IC 5-2-6.1. IC 22-3-2-6
| Suing your employer | The rights and remedies of the Worker's Compensation Act exclude all other rights and remedies of the employee, the employee's representatives, dependents or next of kin against the employer for a personal injury or death by accident, except remedies under IC 5-2-6.1. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 22-3-2-6 |
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| Suing someone other than your employer | If someone other than the employer (and not in the same employ) is legally liable for the injury, the worker or dependents may sue that person even though workers' comp is paid. Out of any recovery or settlement, the employer or its insurer is repaid the compensation, medical services and burial expenses it paid (sharing pro rata in the costs of the claim), and its liability for further compensation ends. If the worker recovers from the third party before receiving any compensation, the employer has no further liability. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 22-3-2-13(a), (b) |
Where to get help in Indiana
More Indiana workers' compensation
- Filing a Workers' Comp Claim in Indiana
- How Much Workers' Comp Pays in Indiana
- Workers' Comp Settlements in Indiana
- Retaliation for Filing Workers' Comp in Indiana
- Appealing a Denied Workers' Comp Claim in Indiana
- All Indiana workers' compensation rules
FAQ
Can you sue your employer for a work injury in Indiana?
The rights and remedies of the Worker's Compensation Act exclude all other rights and remedies of the employee, the employee's representatives, dependents or next of kin against the employer for a personal injury or death by accident, except remedies under IC 5-2-6.1.
Can you sue a third party for a work injury in Indiana?
If someone other than the employer (and not in the same employ) is legally liable for the injury, the worker or dependents may sue that person even though workers' comp is paid. Out of any recovery or settlement, the employer or its insurer is repaid the compensation, medical services and burial expenses it paid (sharing pro rata in the costs of the claim), and its liability for further compensation ends. If the worker recovers from the third party before receiving any compensation, the employer has no further liability.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.