Indiana Code

Ind. Code § 22-3-3-8 (2026)

Temporary total disability or total permanent disability; awards

✓ current as of May 2026
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     Sec. 8. With respect to injuries occurring prior to April 1, 1951, causing temporary total disability for work there shall be paid to the injured employee during such total disability for work a weekly compensation equal to fifty-five percent (55%) of his average weekly wages for a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after April 1, 1951, and prior to July 1, 1971, causing temporary total disability for work there shall be paid to the injured employee during such total disability a weekly compensation equal to sixty per cent (60%) of his average weekly wages for a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after July 1, 1971, and prior to July 1, 1974, causing temporary total disability for work there shall be paid to the injured employee during such total disability a weekly compensation equal to sixty per cent (60%) of his average weekly wages, as defined in IC 22-3-3-22 a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after July 1, 1974, and before July 1, 1976, causing temporary total disability or total permanent disability for work there shall be paid to the injured employee during such total disability a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of his average weekly wages up to one hundred and thirty-five dollars ($135.00) average weekly wages, as defined in section 22 of this chapter, for a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after July 1, 1976, causing temporary total disability or total permanent disability for work, there shall be paid to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of his average weekly wages, as defined in IC 22-3-3-22, for a period not to exceed five hundred (500) weeks. Compensation shall be allowed for the first seven (7) calendar days only if the disability continues for longer than twenty-one (21) days.

Formerly: Acts 1929, c.172, s.29; Acts 1949, c.243, s.2; Acts 1951, c.294, s.1; Acts 1971, P.L.353, SEC.2; Acts 1974, P.L.108, SEC.9. As amended by Acts 1976, P.L.112, SEC.1.

 

Notes of Decisions
Cited in 11 cases, 1982–2020 · leading case: Walker v. State, Muscatatuck State Dev. Ctr., 694 N.E.2d 258 (Ind. 1998).
Walker v. State, Muscatatuck State Dev. Ctr., 694 N.E.2d 258 (Ind. 1998). · cites it 4× “See Ind.Code §§ 22-3-3-8, 22-3-3-10(c), 22-3-3-22 (1993 & Supp.”
Talas v. Correct Piping Co., Inc., 435 N.E.2d 22 (Ind. 1982). · cites it 4× “See, Ind.Code § 22-3-3-8 (Burns 1981 Supp.); Ind.”
Indiana Spine Grp., P.C. v. Int'l Ent. Consultants, 940 N.E.2d 380 (Ind. Ct. App. 2011). · cites it 10× “The Indiana Worker's Compensation Board is not empowered to interpret and apply statutes beyond those contained in the Indiana Worker's Compensation Act, nor is it empowered to increase the two year time limitation for filing claims found IC 22-3-8-8. Appellant's App. at 8. The…”
Bowles v. Gen. Elec., 824 N.E.2d 769 (Ind. Ct. App. 2005). · cites it 2× “GE moved to dismiss Bowles's claim for lack of jurisdiction pursuant to Ind.Code Ann. § 22-3-3-8 (West 1998). A single hearing member of the Board granted GE's motion to dismiss, and Bowles filed for review.”
Colburn v. Kessler's Team Sports, 850 N.E.2d 1001 (Ind. Ct. App. 2006). · cites it 2× “Indiana Code Section 22-3-3-8 provides in relevant part: "The right to compensation under [the Worker's Compensation Act] shall be forever barred unless within two (2) years after the occurrence of the accident, or if death results therefrom, within two (2) years after such…”
Swift v. State Farm Ins. Co., 819 N.E.2d 389 (Ind. Ct. App. 2004). · cites it 2× “a claim for compensation thereunder shall be filed with the worker's compensation board.”
Vantine v. Elkhart Brass Mfg. Co., 572 F. Supp. 636 (N.D. Ind. 1983). · cites it 2× “Ind.Code § 22-3-3-8. Mr. Van-tine’s rights to temporary total disability are determined by the Act and case law interpreting the same.”
Active U.S.A., Inc. v. McGhee, 790 N.E.2d 581 (Ind. Ct. App. 2003). · cites it 2× “2 Furthermore, Indiana Code Section 22-3-3-8 states injuries that cause total temporary disability occurring on or after July 1, 1976: “[Sjhall be paid to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent of his…”
Justiniano v. Williams, 760 N.E.2d 225 (Ind. Ct. App. 2001). · cites it 2× “In accordance with I.C. § 22-3-3-8, the injured employee should be paid a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of his average weekly wage for a period not to exceed five hundred (500) weeks.”
Harsco Corp. v. Francisco Orta (mem. dec.) (Ind. Ct. App. 2017). · cites it 2× “TTD benefits are payable pursuant to Indiana Code section 22-3-3-8. (“With respect to injuries occurring on and after July 1, 1976, causing temporary total disability … there shall be paid to the injured employee during the total disability a weekly compensation equal to…”
KNK Grp., Humphreys Constr., C'ville Steel Roofs, & Mitchell Humphreys v. Doug Sarver (mem. dec.) (Ind. Ct. App. 2020). · cites it 2× “[9] Temporary total disability benefits are payable pursuant to Indiana Code section 22-3-3-8. (“With respect to injuries occurring on and after July 1, 1976, causing temporary total disability .”
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