If you were hurt at work in Fort Wayne or elsewhere in Indiana, a missing report can explain why no adjuster has called or no claim number has arrived. It does not tell you whether the employer disputes the accident, overlooked the report, or sent information that has not yet appeared in the Board’s system.
Key takeaways
- Indiana requires an employer to keep records of claimed workplace injuries and report qualifying injuries to its carrier or, if self-insured, to the Worker’s Compensation Board.
- The employer generally must make that report within seven days after it knows of an injury that causes death or the need for medical care beyond first aid. See IC 22-3-4-13(a)[3].
- The carrier generally must submit the FROI to the Board within seven days after receiving the employer’s report or within fourteen days after the employer knew of the injury, whichever is later.
- You can use the Board’s online First Report Filing Confirmation tool to check whether a FROI appears in its system.
- A Request for Assistance starts the Board’s informal dispute process, while an Application for Adjustment of Claim starts the formal hearing process.
- For an accidental-injury claim, the general filing period is two years after the accident; the TTD/TPD payment rule is explained below. See IC 22-3-3-3[4].
What the FROI does
The Board’s forms directory[5] identifies the First Report of Injury as State Form 34401 and marks it for electronic filing through the approved EDI process.
Under IC 22-3-4-13(a)-(c)[3], the employer reports a qualifying injury to its insurance carrier or directly to the Board if the employer is self-insured. The carrier or reporting administrator then submits the FROI electronically to the Board.
This is different from the employee’s Application for Adjustment of Claim. The Board’s disputed-claims instructions[6] identify State Form 29109 as the document used to begin the formal hearing process. That procedure does not make an employer-filed FROI a prerequisite to asking the Board to decide the dispute.
| Document or step | Who handles it | What it does |
|---|---|---|
| First Report of Injury | Employer, carrier, self-insured employer, or administrator | Reports the injury through the Board’s electronic reporting system. |
| Request for Assistance | Injured worker or another party | Starts an informal Board inquiry into a dispute or reporting problem. |
| Application for Adjustment of Claim | Injured worker or counsel | Starts the formal hearing process for unresolved issues. |
The Board’s official forms directory[5] lists all three documents and identifies which filings require electronic submission.
How to check for a filing
Use the Worker’s Compensation Board’s First Report Filing Confirmation tool[7]. Follow the instructions on the official state website. Keep personal identifiers out of public messages and social-media posts.
A blank result means the tool did not return a filing for the information entered; it does not establish why no filing appears. Check the injury date carefully and keep a record of when you searched.
What to do next
The following is practical follow-up advice, not a list of additional legal filing requirements.
- Send written notice. Include your name and address, the time and place of the injury, its nature and cause, and your signature. Those are the contents listed in IC 22-3-3-2[4]. Also keep a copy and note which supervisor you previously told.
- Ask for the carrier information. Request the insurer or third-party administrator’s name, claim number, adjuster, telephone number, and email address.
- Check the Board’s filing tool. Save the date of your search and any result shown.
- Contact the carrier. Ask whether it received the injury report and what information it still needs. Do not wait for an adjuster’s response if a filing deadline is approaching.
- Use informal assistance if needed. The Board says failure-to-report allegations are among the issues addressed through its Request for Assistance process.
- Consider the formal process promptly. The Board’s formal hearing process[6] requires an Application for Adjustment of Claim for disputes not resolved informally.
The Board’s informal-disputes page[8] explains that State Form 45442 authorizes a case coordinator to investigate and attempt to resolve the issue. Treat that assistance as separate from the claim-filing requirement in IC 22-3-3-3[4]; do not assume an informal request preserves your filing period.
If messages are going unanswered, use a dated communication log and review these additional steps for an unresponsive workers’ compensation adjuster.
Notice and the formal claim are separate issues
Under IC 22-3-3-1[9], give written notice as soon as practicable unless the employer or its representative has actual knowledge. If neither notice nor knowledge exists within 30 days, compensation is not payable until and from the date notice is given or knowledge obtained. Missing or defective notice bars compensation only to the extent the employer proves prejudice. Late notice does not automatically end the entire claim. Preserve evidence of what the employer knew and when.
For accidental-injury claims, IC 22-3-3-3(a)[4] generally requires a claim to be filed with the Board within two years after the accident. Under subsection (b), if temporary total disability under section 7 or temporary partial disability under section 9 was paid, the two-year period begins on the last date for which that compensation was paid. That is not necessarily the date a check arrived. Medical-bill payments alone are not listed in subsection (b). Death and radiation injuries have different provisions in subsection (a); this article does not calculate any individual deadline.
A missing FROI therefore should not be treated as permission to wait. Review the Indiana work-injury reporting rules and the separate guide to the workers’ compensation claim-filing deadline.
Records to save
Create one folder for the claim and keep:
- Your written injury notice and proof of delivery.
- Emails, texts, incident reports, and names of people you notified.
- Work schedules, time records, and any note showing missed work.
- Medical visit summaries, work restrictions, referrals, and bills.
- The carrier’s name, policy information, claim number, and adjuster contact details.
- Results from the Board’s FROI confirmation search.
- Copies of every Board form and proof of when it was sent.
The Board’s disputed-claims guidance[6] explains the importance of medical evidence and the injured worker’s burden of proof. IC 22-3-2-2[1] requires an injury by accident arising out of and in the course of employment, subject to the Act’s coverage rules. Keep original records and provide copies when appropriate.
For a broader filing system, use this Indiana workers’ compensation recordkeeping checklist.
Frequently Asked Questions
Does no FROI mean I have no workers’ comp claim?
No. The employer’s reporting obligation under IC 22-3-4-13[3] is separate from the right of either party to seek a determination of a compensation dispute under IC 22-3-4-5[2]. A missing report does not decide eligibility, but you still must prove your claim and meet the applicable filing requirements.
Should I file my employer’s FROI myself?
The FROI duty belongs to the employer and the reporting carrier, self-insured employer, or administrator under IC 22-3-4-13[3]. Do not substitute a paper FROI for your own Request for Assistance or Application for Adjustment of Claim. The Board’s forms directory[5] distinguishes those documents and the electronic reporting requirements.
How can I tell whether a FROI was filed?
Use the Board’s First Report Filing Confirmation tool linked above, then ask the employer or carrier to explain any missing or inconsistent result. A blank result alone does not tell you why the report is missing.
What if my employer refuses to report the injury?
The Board lists failure-to-report allegations as an issue for its informal Request for Assistance process. An unresolved dispute requires an Application for Adjustment of Claim before it can proceed through the formal hearing process.
Does a missing FROI extend my filing deadline?
Do not assume that it does. IC 22-3-3-3[4] states the general two-year accident-based rule and the rule for TTD/TPD payments described above. If a deadline is close or disputed, obtain advice about a timely formal filing rather than waiting for the employer’s report.
Is an IOSHA report the same as a workers’ compensation FROI?
No. Compare the IOSHA safety-reporting instructions[10] with the Board’s workers’ compensation forms[5]. One agency’s report does not establish that the other filing was made.
If your employer’s report is missing and you want help organizing what happened, Delventhal Law Office can review your records and explain possible next steps. You can request a consultation through our contact page.
This article is general information about Indiana law and is not legal advice. Reading it does not create an attorney-client relationship, and neither does contacting us.
Sources
- IC 22-3-2-2 (iga.in.gov) ↩
- IC 22-3-4-5 (iga.in.gov) ↩
- IC 22-3-4-13(a) (iga.in.gov) ↩
- IC 22-3-3-3 (iga.in.gov) ↩
- forms directory (in.gov) ↩
- disputed-claims instructions (in.gov) ↩
- First Report Filing Confirmation tool (wcbgateway.wcb.in.gov) ↩
- informal-disputes page (in.gov) ↩
- IC 22-3-3-1 (iga.in.gov) ↩
- IOSHA safety-reporting instructions (in.gov) ↩
