Retaliation for Filing Workers' Comp in Indiana
Whether an employer in Indiana can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not fire you for filing a workers' compensation claim. However, Indiana is an at-will employment state, so an employee can otherwise be fired at any time except for a handful of reasons. Worker's Compensation Board of Indiana, Who Is Eligible (FAQ)
| Retaliation for filing | An employer may not fire you for filing a workers' compensation claim. However, Indiana is an at-will employment state, so an employee can otherwise be fired at any time except for a handful of reasons. The Board advises contacting a lawyer if you believe you were wrongly discharged. |
|---|---|
| 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. |
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
- Suing Over a Work Injury in Indiana
- Appealing a Denied Workers' Comp Claim in Indiana
- All Indiana workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Indiana?
An employer may not fire you for filing a workers' compensation claim. However, Indiana is an at-will employment state, so an employee can otherwise be fired at any time except for a handful of reasons. The Board advises contacting a lawyer if you believe you were wrongly discharged.
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.
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.