Workers' Comp Settlements in Indiana

Yes. Claims can be resolved by agreements under IC 22-3-2-15 and other stipulated settlements, which are subject to approval by the Worker's Compensation Board. The Board's checklist says agreements should state the weeks of temporary total disability paid, medical expenses, the impairment rating calculation and, for a Section 15 settlement, the dispute being settled; the Board discourages blanket releases of non-workers' comp claims, required resignations and liquidated-damage confidentiality clauses, and closely scrutinizes Section 15 settlements of accepted claims that give up the right to reopen. After a Section 15 full and final settlement, the claim cannot be reopened unless fraud in the settlement process is proven; after an Agreement to Compensation or compromise agreement, the claim can be reopened for a change of condition within 2 years after the last day compensation was paid (one year to increase permanent partial impairment).

Temporary total and temporary partial disability benefits may be stopped once the injured worker has received 500 weeks of those benefits or has been paid the maximum total compensation allowed by law (IC 22-3-3-22). Other grounds for ending them include returning to work or being released to work by the treating physician, refusing suitable employment or a required medical exam, and being unable to work for reasons unrelated to the injury. The Board also publishes a maximum total compensation amount, by injury date, that applies to temporary total, permanent partial impairment, permanent total disability and death benefits combined (for example, $439,000 for injuries from July 1, 2026 to June 30, 2027).

Indiana sets a schedule of claimant attorney fees for cases before the Worker's Compensation Board that result in a recovery: a minimum of $200; 20% of the first $50,000 recovered; 15% of recovery above $50,000; and 10% of the value of unpaid, out-of-pocket or future medical expenses. The Board keeps continuing jurisdiction over attorney fees and may order a different fee in a particular case.