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★ 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.

Indiana applies modified comparative negligence with a 51% bar. A workplace claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability workplace cases where the comparative-fault split is close to even.

Workplace injuries in Indiana run on a parallel track to general tort recovery: workers' compensation is the primary remedy against the employer, with third-party tort claims (against a contractor, equipment manufacturer, or non-employer driver) layered on top. Indiana's caps (medical malpractice cap) apply to the third-party tort track only, and the workers' compensation insurer typically holds a subrogation right against any tort recovery.

★ 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.

★ all of IN
Indiana overview

Fault rule, statute, caps, and key facts for Indiana as a whole.

★ federal frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ 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.