In Indiana, whether a business owner or corporate officer is covered by workers' compensation — and whether they can change that — depends on the entity type and Indiana's own rules. Getting the election right affects both your protection and your premium. Here is how inclusion and exclusion work in Indiana, the form or filing to use, and what it means for your policy.
Who must carry workers' compensation in Indiana?
Mandatory for virtually all employers with one or more employees (no numeric threshold), with narrow casual, farm, and household exemptions.
Can owners and officers be included or excluded in Indiana?
| Sole proprietor | Excluded by default; may elect in (construction-trades sole proprietors need a Certificate of Exemption). |
|---|---|
| Partners | Excluded by default; an active partner may elect in. |
| LLC members | Members/managers are excluded by default; may elect in. |
| Corporate officers | Included by default; an officer with an ownership interest may elect out. Effective only when notice is received by both the carrier and the Board. |
How to make the election in Indiana
- Indiana Workers Comp Inclusion-Exclusion Form
- Official source: State Form 36097 — Coverage Election Notice (WCB online portal)
Payroll counted for an included owner in Indiana
When an owner or officer is included, premium is figured on their payroll between a minimum and maximum (effective 1/1/2027), set by NCCI.
| Included owner/officer minimum | $1,100 per week |
|---|---|
| Included owner/officer maximum | $5,100 per week |
Included executive officer $1,100–$5,100/week; covered partners, sole proprietors, and LLC members are rated on the same weekly minimum and maximum. NCCI-set, changes annually.
These amounts update periodically; we confirm the current figure for your policy.
Indiana's assigned-risk / residual market
An employer that can't secure workers' comp in the standard market can still get covered through Indiana Workers Compensation Insurance Plan, administered by the Indiana Compensation Rating Bureau (ICRB). We market your risk to voluntary carriers first and turn to the residual market only as a last resort.
Related
Indiana business insurance · Workers' compensation coverage · Worker's Compensation Board of Indiana.
Frequently Asked Questions
Do business owners have to carry workers' comp on themselves in Indiana?
It depends on your entity and role. Excluded by default; may elect in (construction-trades sole proprietors need a Certificate of Exemption). Included by default; an officer with an ownership interest may elect out. Effective only when notice is received by both the carrier and the Board. Employees are always covered.
How do I include or exclude an owner from workers' comp in Indiana?
The right form, portal, or endorsement depends on your entity type. Indiana publishes its own form, which we complete and file with you.
What payroll is used for an included owner in Indiana?
Included executive officer $1,100–$5,100/week; covered partners, sole proprietors, and LLC members are rated on the same weekly minimum and maximum. NCCI-set, changes annually. We confirm the current figure for your policy.
Can Cory Washington & Co. handle my Indiana workers' comp election?
Yes. We confirm which rule applies to your entity, prepare the correct form or election, coordinate it with your carrier, and keep your workers' comp aligned with the rest of your program. Request a quote or a policy review and we'll take it from there.
This page is general educational information from Cory Washington & Co. LLC about how workers' compensation owner inclusion and exclusion works in this state. It is not legal, tax, or insurance advice and is not a determination of your eligibility or obligation. Workers' compensation laws, forms, payroll limits, and residual-market programs change and depend on your entity type, ownership, and operations. Confirm the current rules and amounts with your licensed advisor at Cory Washington & Co. LLC and the state agency before making any election.