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NEW Statutory Provisions Impacting Indiana Worker's Compensation NEW Statutory Provisions Impacting Indiana Worker's Compensation

NEW Statutory Provisions Impacting Indiana Worker's Compensation

Effective July 1, 2018, the Indiana Worker's Compensation Act contains new provisions impacting claim management practices. The Act contains new electronic filing requirements and compliance deadlines. In addition to the statutory revisions, the Indiana Worker’s Compensation Board communicated new guidelines for settlements and Nurse Case Managers.  

Here are highlights of the changes of most interest to employers, administrators and insurers.

First Report of Injury – New Filing Requirement

The largest change for employers and insurers is the Act's requirement to file a First Report of Injury Form (State Form 34401) within seven days of the employer's knowledge of an injury, (actual, alleged or reported) that causes the need for medical care beyond first aid. The previous requirement was to file a First Report after the first day of lost time or disability. The First Report must be filed via Electronic Data Interchange (EDI).

Posting Notice of Coverage

If an employer has mobile or remote employees, the Act now requires employers to post the notice of its worker's compensation coverage electronically or in a manner consistent with how it communicates other policies to employees.

New Deadlines for filing additional Board forms:

Settlement Agreements – payment due 30 days after Board approves agreement.

Compensation Agreements
  • First Temporary Total Disability (TTD) installment due 14 days after disability begins;
  • File (EDI) agreement (State Form 1043) and provide to employee within 15 days from date of first TTD installment.
PPI Agreements
  • Provide report to employee 15 days after date of physician's statement;
  • Submit the agreement for Board approval within 15 days after employee signs agreement;
  • Pay compensation (lump sum or installments) within 30 days after the Board approves the agreement.
Award/Order – pay within 30 days if not appealed.

The Board can assess civil penalties for failing to meet the filing deadlines. Therefore, be sure to adjust your payment processes and reporting procedures to adhere to these guidelines.

But Wait, There's More

Statutory Compensation. 

The statute was not revised to include new compensation rates; however, the legislative counsel was urged to assign an interim summer study committee to determine the appropriate increases to the benefit schedules. 

EDI Claims Release 3.1

The Board has published new EDI requirements and will be transitioning to the new system January 1, 2019.

Official Disability Guidelines (ODG) Worker's Compensation Formulary.

The Board has adopted guidelines to address opioid usage in worker's compensation claims. The formulary will be used beginning January 1, 2019.

Please contact Ann H. Stewart to discuss these changes in more detail at 317-236-2180 or

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.
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