​Steps in a Worker’s Compensation Claim

Step 1 – An employee is hurt on the job

An employee who is hurt on the job is entitled to worker’s compensation as long as the injury fits the criteria for a compensable claim, namely the injury occurred by accident and it was “arising out of” the employment and “in the course of” the employment. Both criteria—“arising out of” and “in the course of”—must be met to qualify as a compensable claim.

An accident that occurs “in the course of” employment is one that takes place during the period of employment at a place where the employee would normally be or have cause to be during the course of employment and is fulling the duties associated with the employee’s employment. See, e.g., Ward v. Lowe’s, 76 N.E.3d 918, 921 (Ind. Ct. App. 2017) (citation omitted). An injury “arising out of” the employment is one where there is a causal connection between the injury and the worker’s employment. See, e.g., Global Const., Inc. v. March, 813 N.E.2d 1163, 1168 (Ind. 2004) (citation omitted); Wine-Settergren v. Lamey, 716 N.E.2d 381, 389 (Ind. 1999) (citations omitted).

Step 2 – Contact your insurance carrier

Contact your worker’s compensation insurer as soon as possible. A claims adjuster will like be assigned to your case and will work with you through the details of the claim. Information you will likely need includes:

•Date of injury

•Injured person’s job title

•Wage information

•WC insurance information

•Type of injury

•Body part(s) involved

•Brief description of how injury occurred

By failing to give prompt notice, your coverage could be impacted.

Step 3 – Ensure that your Adjuster has completed the First Report of Injury Form

Typically, the adjuster will prepare and file the First Report of Injury using State Form 34401.

Step 4 – Claim Processing

After a claim has been filed, traditionally the employer will step out of the process and the adjuster will work directly with the employee regarding his or her medical claims.

Step 5 – Claim Decision

The employer/insurance company will determine compensability. If the claim is compensable, the employer will pay benefits. If the claim is denied, the claim becomes a disputed claim.

Disputed claims can either proceed to a hearing before the Indiana Worker’s Compensation Board or the parties can elect to utilize a Section 15 settlement agreement. Contact your legal counsel or a member of Barrett McNagny’s Worker’s Compensation group to discuss your options for a disputed claim.

Barrett McNagny LLP

Legal Disclaimer

The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.

Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.

Any links to other websites are not intended to be referrals or endorsements of those sites.

Privacy Policy

Terms of Use

ADA Compliance

Transparency Cover Rule: Machine-Readable Files

Contact Us
My name is
and I am a(n)
seeking legal counsel in the area of 
me at
as soon as you can.

Thank you for contacting us!

A representative will be in touch with you shortly.

An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.