Indiana Workers' Comp Insurance for Home Health Care Agencies

Indiana requires all employers to provide workers' compensation coverage for their employees under Indiana Code 22-3-2-2, with no minimum headcount exemption for most businesses. Specific statutory exemptions apply to categories like railroad workers, farm laborers, municipal fire and police personnel covered by a pension fund, and genuine independent contractors. See the Indiana Compensation Rating Bureau's requirements and penalties summary.

Common codes for this work include 8835 Home Health Care Services; 8810 Clerical Office Employees; 8842 Group Homes. Indiana maintains its own classification system (ICRB) rather than NCCI codes. The codes below are NCCI reference codes; your Indiana classification may carry a different number, and we match it during quoting.

Corporate and executive officers are included in coverage as employees by default; an officer can opt out only by filing State Form 36097 (Notice of Election) with both the insurance carrier and the Worker's Compensation Board, and the exclusion takes effect only once both have received it. Sole proprietors, partners, and LLC members are excluded from coverage by default, since they aren't considered employees, but can voluntarily elect to be included by following a similar notification process under IC 22-3-6-1. Officers of public entities and nonprofits are traditionally excluded but can be added by attaching a specific coverage endorsement to the policy; inactive officers who only attend annual or directors' meetings may have their payroll excluded from premium calculations even when nominally included.

Failing to carry required coverage is classified as a Class A infraction under IC 22-3-5-1, Indiana's most serious infraction category, and can bring fines up to $10,000. The Worker's Compensation Board can order a noncompliant employer to cease business in Indiana until proof of insurance is shown, and an injured worker may be awarded compensation up to double the statutory benefit amount, plus medical expenses and reasonable attorney fees; a bad-faith judgment can add fines up to $20,000. Cases can also be referred to county prosecutors for further criminal enforcement.

Price is driven by payroll in each class code, the Indiana rates filed for those codes, your claims history (experience modification), and underwriting factors such as split between field caregiving staff and office-based scheduling and administrative staff; level of care provided, from companionship to hands-on nursing care; whether the agency also operates a group home or residential setting. We compare carriers so you can see what you qualify for.

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No — home, public, and traveling healthcare has its own classification built around care delivered outside a fixed facility, which reflects the different exposure of working alone in a client's home versus a controlled clinical setting.

It can — group-home operations are typically rated under a related residential-care classification separate from staff who make one-on-one home visits, since supervising a residential setting carries different exposure.

Most home health aides performing regular, supervised caregiving work are properly classified as employees; misclassifying them as independent contractors to avoid workers' comp is a common audit finding that can result in back premium and penalties.

Generally yes. Indiana requires coverage for essentially all employers, with specific statutory exemptions like farm laborers and genuine independent contractors rather than a general small-business exemption.

Yes, but only by filing State Form 36097 with both the insurance carrier and the Worker's Compensation Board; the exclusion isn't effective until both have received it.