Indiana workers' comp and liability insurance
Indiana requires workers' compensation from your first employee, and its home health and personal services agencies are licensed by the Indiana Department of Health. We help Indiana care agencies, from Indianapolis to Fort Wayne and the Region next door to our Illinois office, put workers' comp and liability coverage in place.
Who must carry workers' comp in Indiana
Every Indiana employer covered by the Workers' Compensation Act must buy insurance or qualify to self-insure through the Workers' Compensation Board (IC 22-3-2-5 and 22-3-5-1); there is no minimum number of employees. Casual laborers, farm workers and household employees are exempt. Sole proprietors, partners and LLC members are not covered unless they elect in, while officers of for-profit corporations are covered unless they elect out in writing. Indiana uses its own rating bureau, the Worker's Compensation Rating Bureau of Indiana, rather than filing directly through NCCI.
Penalties for going without coverage
- Failing to insure is a Class A misdemeanor, and the Board can seek an injunction (IC 22-3-4-13)
- A court can order an employer with an unpaid claim to stop doing business in Indiana
- $100 per day in civil penalties for failing to show proof of coverage within 10 days of the Board's request, plus a listing on the Board's website (IC 22-3-5-2.5)
Licensing Indiana care agencies
Home health agencies and personal services agencies (non-medical in-home care) are both licensed by the Indiana Department of Health, each with a $250 initial and annual renewal fee. Operating a home health agency without a license can bring civil penalties of up to $10,000 per violation. Indiana's licensing rules don't set a general liability minimum for either type; the only insurance requirement in the personal services agency statute is liability coverage for agencies that provide lift services (IC 16-27-4-6). Medicaid waiver programs and referral partners often set their own insurance requirements, so check your contracts.
Coverage we build for Indiana agencies
- Workers' compensation for aides, nurses and office staff, classified under Indiana's rating bureau manual
- General and professional liability at the limits your Medicaid waiver contracts and referral sources require
- Liability coverage for lift services if your agency provides them
- Hired and non-owned auto, abuse and molestation, and employment practices liability
Frequently asked questions
Is workers' comp required in Indiana with one employee?
Yes. Indiana has no minimum number of employees. Every covered employer must insure or self-insure, though casual, farm and household workers are exempt.
Does an Indiana personal services agency need liability insurance to get licensed?
Indiana's licensing statute doesn't set a general liability minimum. The only insurance requirement is liability coverage for lift services, if you provide them. Medicaid waiver programs and contracts often require their own limits.
How much is an Indiana home health or personal services agency license?
The Indiana Department of Health charges $250 for the initial license and $250 for each annual renewal, for both home health agencies and personal services agencies.
What happens if an Indiana employer doesn't carry workers' comp?
It's a Class A misdemeanor, the Board can seek an injunction, a court can order the business to stop operating if a claim goes unpaid, and failing to prove coverage on request costs $100 per day.
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