Appealing a Denied Workers' Comp Claim in Indiana
The deadline to challenge a denied workers' comp claim in Indiana, where to file, and the steps from hearing to appeal.
Short answer: If a dispute is not resolved through the Worker's Compensation Board's informal dispute process, the worker must file an Application for Adjustment of Claim (State Form 29109) with the Board within two years of the date of injury; Worker's Compensation Board of Indiana, Disputed Claims
| Deadline to challenge a denial | If a dispute is not resolved through the Worker's Compensation Board's informal dispute process, the worker must file an Application for Adjustment of Claim (State Form 29109) with the Board within two years of the date of injury; the case is then heard by a Single Hearing Member. A party dissatisfied with the hearing member's award may appeal by filing an Application for Review by Full Board (State Form 1042) within 30 days of the date of the award; the Full Board hears legal arguments rather than a new hearing. Any further appeal goes to the Indiana Court of Appeals and then the Indiana Supreme Court. |
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| Appealing a denial | A formal claim is assigned to a Single Hearing Member of the Board, who holds a hearing and issues an award. A party dissatisfied with the award may file an Application for Review by Full Board (State Form 1042) within 30 days of the date of the award; the full Board hears legal arguments (not a new hearing), usually within three months. Further appeals go to the Indiana Court of Appeals and then the Indiana Supreme Court. |
| Deadline to file a claim | If there is a dispute, an Application for Adjustment of Claim (State Form 29109) must be filed with the Board within two years of the date of injury, or within two years after the last compensation was paid. If the deadline is close, send the application by certified mail; otherwise the filing date is the date the Board receives it. |
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
- Suing Over a Work Injury in Indiana
- All Indiana workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Indiana?
If a dispute is not resolved through the Worker's Compensation Board's informal dispute process, the worker must file an Application for Adjustment of Claim (State Form 29109) with the Board within two years of the date of injury; the case is then heard by a Single Hearing Member. A party dissatisfied with the hearing member's award may appeal by filing an Application for Review by Full Board (State Form 1042) within 30 days of the date of the award; the Full Board hears legal arguments rather than a new hearing. Any further appeal goes to the Indiana Court of Appeals and then the Indiana Supreme Court.
How do you appeal a denied workers' comp claim in Indiana?
A formal claim is assigned to a Single Hearing Member of the Board, who holds a hearing and issues an award. A party dissatisfied with the award may file an Application for Review by Full Board (State Form 1042) within 30 days of the date of the award; the full Board hears legal arguments (not a new hearing), usually within three months. Further appeals go to the Indiana Court of Appeals and then the Indiana Supreme Court.
What is the deadline to file a workers' comp claim in Indiana?
If there is a dispute, an Application for Adjustment of Claim (State Form 29109) must be filed with the Board within two years of the date of injury, or within two years after the last compensation was paid. If the deadline is close, send the application by certified mail; otherwise the filing date is the date the Board receives it.
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.