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★ Indiana · workplace

Workplace settlements
in Indiana.

By Reviewed by Abd Shanti, Founder9 min read

Indiana workers’ compensation pays two thirds of wages up to a weekly maximum that rose to $878 on 1 July 2026. A worker injured on someone else’s property may also sue the owner, as a lifelong insulator did over asbestos at power plants.

Facts that decide a workplace claim in Indiana

Weekly maximum, 1 July 2026 to 30 June 2027Maximum average weekly wage $1,316, for a maximum weekly benefit of $878; $852 for injuries from 1 July 2025.Indiana Worker’s Compensation Board benefit table
Total cap$439,000 for injuries from 1 July 2026, covering temporary total, impairment, permanent total and death benefits combined.Indiana Worker’s Compensation Board benefit table
Impairment values, 2026 to 2027$1,970 a degree for 1 to 10 degrees, rising to $4,569 a degree for 51 to 100 degrees.Indiana Worker’s Compensation Board benefit table
Suing the property ownerAn owner is generally not liable to a contractor’s employees for dangers in the contracted work, but can be under premises liability on the right facts.PSI Energy v. Roberts (Ind. 2005)
Deadline to sueAn action for injury to person “must be commenced within two (2) years after the cause of action accrues.”Ind. Code § 34-11-2-4, as quoted in Stone v. Wright (Ind. Ct. App. 2019)
★ IN · reported workplace outcomes

What Indiana courts have awarded.

Real Indiana decisions and verdicts, each linked to the court record or official report.

  • Indiana Supreme Court · 2005
    $2.8 million and $1 million verdicts; PSI 13% at fault

    William Roberts spent a 39 year career as an insulator for a contractor, much of it at PSI Energy power plants, and developed mesothelioma from asbestos insulation. The jury found damages of $2,800,000 for him and $1,000,000 for his wife and put 13% of the fault on PSI. The Supreme Court held PSI was not vicariously liable for its contractor, but that the evidence supported the verdict under premises liability.

★ IN · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Indiana.

  1. 1

    Compensation benefits are capped in total. At $439,000 for injuries from July 2026, a career ending injury can exhaust benefits, which makes claims against third parties important.

  2. 2

    Contractor employees can look to the site owner. PSI Energy shows a premises claim can succeed where the owner knew of a danger on its property, even though it is not responsible for the contractor’s own negligence.

  3. 3

    Fault shares cut third party awards. PSI paid only its 13% share of the damages, so every responsible party should be identified.

★ 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 · same region & fault regime

Compare to like jurisdictions.

How Indiana's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Indiana · you are hereModified comparative, 51% bar2 years from date of injury—
IowaModified comparative, 51% bar2 years from date of injuryIA · workplace →
KansasModified comparative, 50% bar2 years from date of injuryKS · workplace →
MichiganModified comparative, 51% bar3 years from date of injuryMI · workplace →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · workplace →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · workplace →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · workplace →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · workplace →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · workplace →
MontanaModified comparative, 51% bar3 years from date of injuryMT · workplace →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · workplace →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · workplace →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · 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 not quotes for any specific case. For representation, consult an attorney admitted in Indiana. See /methodology, /sources, and /disclaimer.