TL;DR
- You have 30 days to notify your employer of a workplace slip and fall, or you risk losing your right to file.
- Your employer’s insurer must file a First Report of Injury within 7 days of being notified.
- If your claim is denied or disputed, an attorney can help file a formal Application for Adjustment of Claim with the Indiana Workers’ Compensation Board.
Here’s exactly how to file for workers’ comp after a slip and fall in Indiana: what to report, what deadlines apply, and what to do if your claim runs into trouble.
Let’s get started!
1. Report the Fall to Your Employer Right Away
Report the fall as soon as you can, even if the injury seems minor.
Write down the date, time, and place where it happened, and explain what caused it, such as a wet floor, uneven ground, or something blocking the walkway.
What Happens After You Report It
| Step | What Happens | Timeline |
|---|---|---|
| 1. You notify your employer | Report the injury in writing | Within 30 days |
| 2. Employer files a First Report of Injury | Form 34401 is submitted to the Indiana Workers’ Compensation Board | Within 7 days of your employer learning of the injury |
| 3. Medical treatment begins | Employer’s insurer typically directs care | Ongoing |
| 4. Claim is approved or disputed | Benefits begin, or the case moves toward a formal claim with the Board | Varies |
| 5. Formal claim deadline (if disputed) | Application for Adjustment of Claim must be filed with the Board | Within 2 years of the injury, or your last compensation payment |
2. Seek Medical Treatment and Keep Records
Usually, your employer’s insurance company will choose where you go for your first medical treatment.
Make sure you attend the appointment, follow the treatment plan, and keep copies of all your records, including diagnoses, referrals, and any work restrictions your doctor gives you.
These documents are important for your claim if there are any disputes later.
If Your Claim Is Delayed or Denied
Not every slip and fall claim is simple. Insurers may say the fall was not work-related, that your injury existed before the accident, or that your paperwork is missing something.
If your employer or their insurer disagrees with any part of your claim, such as your medical treatment, wage replacement, or a permanent impairment rating, the dispute usually goes to a formal Application for Adjustment of Claim with the Indiana Workers’ Compensation Board.
You must file that formal claim within two years of your injury or your last compensation payment, whichever date is later. This is often when having an attorney is most important.
Disputed claims have deadlines, require evidence, and involve steps that can be confusing if you are not familiar with the Board’s process.
What You Can Recover
A successful claim can help pay for your medical bills, some of your lost wages while you recover, and compensation if you have a lasting injury.
If someone other than your employer, like a subcontractor, vendor, or a faulty product, caused the hazard, you might also be able to file a separate claim in addition to workers’ comp.
We’re Here to Help
At Sarkisian Sarkisian & Associates, we’ve helped injured workers throughout Portage, Valparaiso, and Northwest Indiana file and win workers’ comp claims for decades.
If your slip and fall claim was denied, delayed, or you’re not sure where to start, a free consultation costs nothing and can tell you exactly where you stand.
Call 219-248-2890 to speak with our team today.
Frequently Asked Questions
Here are quick answers to the most common questions about filing for workers’ comp after a slip and fall in Indiana.
1. How long do I have to report a workplace slip and fall in Indiana?
You need to let your employer know in writing within 30 days of your injury. If you wait longer, you could lose your right to file a claim.
2. What happens after I report my injury to my employer?
After you report your injury, your employer will tell their insurance company. The insurance company then has 7 days to file a First Report of Injury.
3. What if my employer disputes my slip and fall claim?
If your claim is disputed, the case usually goes to the Indiana Workers’ Compensation Board through a formal Application for Adjustment of Claim. Having an attorney can help protect your case.
4. How long do I have to file a formal claim if my slip and fall claim is disputed?
You have to file within two years of your injury or your last compensation payment, whichever date is later.
5. Can I choose my own doctor after a workplace slip and fall?
Generally, your employer’s insurance carrier directs your initial medical treatment, though this can be disputed with the help of an attorney in certain situations.
6. Can I file a separate claim if someone other than my employer caused the hazard?
Yes. If someone other than your employer, such as a subcontractor or vendor, helped cause the hazard, you might be able to file a separate claim in addition to your workers’ comp claim.
