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STATE REQUIREMENTS

When Indiana requires workers’ compensation

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In Indiana, workers' compensation is required from the first employee. Part-time employees count, and an out-of-state employer with workers in Indiana needs Indiana coverage. Sole proprietors, partners and LLC members are not employees unless they elect coverage; corporate officers are employees unless they file to exempt themselves. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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Indiana rules with sources
TopicThe rule in IndianaSource
Who must carry itEvery employer with one or more employees must carry workers' compensation, with exceptions for certain farm and domestic workers and for people paid solely by commission such as real-estate agents.Ind. Code § 22-3-2-2, § 22-3-4-13, § 22-3-5-1; Worker's Compensation Board of Indiana — Employers
Who counts as an employeePart-time employees count, and an out-of-state employer with workers in Indiana needs Indiana coverage.Worker's Compensation Board of Indiana — Employers
Owners, officers and LLC membersSole proprietors, partners and LLC members are not employees unless they elect coverage; corporate officers are employees unless they file to exempt themselves.Ind. Code § 22-3-2-2, § 22-3-4-13, § 22-3-5-1
If you go withoutThe Board can fine an uninsured employer, order it to stop doing business until insured, and the employer is liable for benefits with the award doubled.Worker's Compensation Board of Indiana — Employers

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in Indiana

Every employer with one or more employees must carry workers' compensation, with exceptions for certain farm and domestic workers and for people paid solely by commission such as real-estate agents.

Who counts as an employee

Part-time employees count, and an out-of-state employer with workers in Indiana needs Indiana coverage. The label on the paycheck does not settle it: Indiana applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Sole proprietors, partners and LLC members are not employees unless they elect coverage; corporate officers are employees unless they file to exempt themselves. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

The Board can fine an uninsured employer, order it to stop doing business until insured, and the employer is liable for benefits with the award doubled. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in Indiana. When does the policy have to be in place?

Before the first shift if the threshold is met. Indiana requires coverage from the first employee, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in Indiana?

The form you file does not decide it. Indiana applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in Indiana?

Sole proprietors, partners and LLC members are not employees unless they elect coverage; corporate officers are employees unless they file to exempt themselves. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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