Skip to content
MyClaimWorth
IN
Indiana · workplace

Workplace settlements
in Indiana.

By 6 min read

Indiana applies modified-51 comparative fault with a hard $1.8 million total recovery cap on medical malpractice, with the state's Patient's Compensation Fund paying any excess above the physician's $500,000 share. For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Indiana's modified comparative — 51% bar and any applicable statutory cap.

IN · statute of limitations
2 years from date of injury

Ind. Code § 34-11-2-4

IN · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

IN · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Indiana.

workplace · neighbouring jurisdictions

Compare to neighbours.

How Indiana's fault rule and limitation period compare to other US jurisdictions for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Indiana · you are hereModified comparative — 51% bar2 years from date of injury
AlabamaPure contributory negligence2 years from date of injuryAL · workplace
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · workplace
DelawareModified comparative — 51% bar2 years from date of injuryDE · workplace
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · workplace
HawaiiModified comparative — 51% bar2 years from date of injuryHI · workplace
IN · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Indiana's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Indiana. See /methodology, /sources, and /disclaimer.