CHAPTER 2. WORKER'S COMPENSATION: APPLICATION, RIGHTS, AND REMEDIES
IC 22-3-2
Chapter 2. Worker's Compensation: Application, Rights, andRemedies
IC 22-3-2-1
Repealed
(Repealed by P.L.28-1988, SEC.118.)
IC 22-3-2-2
Mandatory compliance; burden of proof; exemptions
Sec. 2. (a) Every employer and every employee, except as statedin IC 22-3-2 through IC 22-3-6, shall comply with the provisions ofIC 22-3-2 through IC 22-3-6 respectively to pay and acceptcompensation for personal injury or death by accident arising out ofand in the course of the employment, and shall be bound thereby.The burden of proof is on the employee. The proof by the employeeof an element of a claim does not create a presumption in favor of theemployee with regard to another element of the claim.
(b) IC 22-3-2 through IC 22-3-6 does not apply to railroademployees engaged in train service as:
(1) engineers;
(2) firemen;
(3) conductors;
(4) brakemen;
(5) flagmen;
(6) baggagemen; or
(7) foremen in charge of yard engines and helpers assignedthereto.
(c) IC 22-3-2 through IC 22-3-6 does not apply to employees ofmunicipal corporations in Indiana who are members of:
(1) the fire department or police department of any suchmunicipality; and
(2) a firefighters' pension fund or of a police officers' pensionfund.
However, if the common council elects to purchase and procureworker's compensation insurance to insure said employees withrespect to medical benefits under IC 22-3-2 through IC 22-3-6, themedical provisions of IC 22-3-2 through IC 22-3-6 apply to membersof the fire department or police department of any such municipalcorporation who are also members of a firefighters' pension fund ora police officers' pension fund.
(d) IC 22-3-2 through IC 22-3-6 do not apply to the following:
(1) A person who enters into an independent contractoragreement with a nonprofit corporation that is recognized as taxexempt under Section 501(c)(3) of the Internal Revenue Code(as defined in IC 6-3-1-11(a)) to perform youth coachingservices on a part-time basis.
(2) A nonprofit corporation that is recognized as tax exemptunder Section 501(c)(3) of the Internal Revenue Code (asdefined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for theperformance of youth coaching services on a part-time basis.
(e) When any municipal corporation purchases or procuresworker's compensation insurance covering members of the firedepartment or police department who are also members of afirefighters' pension fund or a police officers' pension fund, and paysthe premium or premiums for such insurance, the payment of suchpremiums is a legal and allowable expenditure of funds of anymunicipal corporation.
(f) Except as provided in subsection (g), where the commoncouncil has procured worker's compensation insurance under thissection, any member of such fire department or police departmentemployed in the city carrying such worker's compensation insuranceunder this section is limited to recovery of medical and surgical care,medicines, laboratory, curative and palliative agents and means,x-ray, diagnostic and therapeutic services to the extent that suchservices are provided for in the worker's compensation policyprocured by such city, and shall not also recover in addition to thatpolicy for such same benefits provided in IC 36-8-4.
(g) If the medical benefits provided under a worker'scompensation policy procured by the common council terminate forany reason before the police officer or firefighter is fully recovered,the common council shall provide medical benefits that are necessaryuntil the police officer or firefighter is no longer in need of medicalcare.
(h) The provisions of IC 22-3-2 through IC 22-3-6 apply to:
(1) members of the Indiana general assembly; and
(2) field examiners of the state board of accounts.
(Formerly: Acts 1929, c.172, s.2; Acts 1937, c.214, s.7; Acts 1943,c.114, s.1; Acts 1953, c.260, s.1; Acts 1963, c.387, s.1; Acts 1971,P.L.352, SEC.1; Acts 1972, P.L.173, SEC.1; Acts 1974, P.L.108,SEC.2.) As amended by Acts 1981, P.L.11, SEC.125; P.L.28-1988,SEC.21; P.L.217-1989, SEC.1; P.L.201-2005, SEC.1; P.L.134-2006,SEC.3.
IC 22-3-2-2.1
Coverage for rostered volunteers
Sec. 2.1. (a) As used in this section, "rostered volunteer" meansa volunteer:
(1) whose name has been entered on a roster of volunteers fora volunteer program operated by a unit; and
(2) who has been approved by the proper authorities of the unit.
The term does not include a volunteer firefighter (as defined inIC 36-8-12-2) or an inmate assigned to a correctional facilityoperated by the state or a unit.
(b) As used in this section, "unit" means a county, a municipality,or a township.
(c) A rostered volunteer may be covered by the medical treatmentprovisions of the worker's compensation law (IC 22-3-2 throughIC 22-3-6) and the worker's occupational disease law (IC 22-3-7). If
compensability of an injury is an issue, the administrative proceduresof IC 22-3-2 through IC 22-3-7 apply as appropriate.
(d) All expenses incurred for premiums of the insurance allowedor other charges or expenses under this section shall be paid out ofthe unit's general fund in the same manner as other expenses of theunit are paid.
As added by P.L.51-1993, SEC.2.
IC 22-3-2-2.3
Volunteer workers; services; medical benefits
Sec. 2.3. (a) As used in this section, "volunteer worker" means aperson who:
(1) performs services:
(A) for a state institution (as defined in IC 12-7-2-184); and
(B) for which the person does not receive compensation ofany nature; and
(2) has been approved and accepted as a volunteer worker bythe director of:
(A) the division of disability and rehabilitative services; or
(B) the division of mental health and addiction.
(b) Services of any nature performed by a volunteer worker for astate institution (as defined in IC 12-7-2-184) are governmentalservices. A volunteer worker is subject to the medical benefitsdescribed under this chapter through IC 22-3-6. However, a volunteerworker is not under this chapter through IC 22-3-6.
As added by P.L.2-1992, SEC.739. Amended by P.L.4-1993,SEC.257; P.L.5-1993, SEC.270; P.L.24-1997, SEC.62;P.L.215-2001, SEC.98; P.L.141-2006, SEC.104.
IC 22-3-2-2.5
School to work student
Sec. 2.5. (a) As used in this section, "school to work student"refers to a student participating in on-the-job training under thefederal School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
(b) Except as provided in IC 22-3-7-2.5, a school to work studentis entitled to the following compensation and benefits under thisarticle:
(1) Medical benefits under IC 22-3-2 through IC 22-3-6.
(2) Permanent partial impairment compensation underIC 22-3-3-10. Permanent partial impairment compensation fora school to work student shall be paid in a lump sum uponagreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundredseventy-five thousand dollars ($175,000), payable uponagreement or final award to any dependents of the studentunder IC 22-3-3-18 through IC 22-3-3-20, or, if the studenthas no dependents, to the student's parents; and
(B) burial compensation under IC 22-3-3-21.
(c) For the sole purpose of modifying an award under
IC 22-3-3-27, a school to work student's average weekly wage ispresumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the followingcompensation under this article:
(1) Temporary total disability compensation under IC 22-3-3-8.
(2) Temporary partial disability compensation underIC 22-3-3-9.
(e) Except for remedies available under IC 5-2-6.1, recoveryunder subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, atcommon law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of andin the course of school to work employment.
As added by P.L.235-1999, SEC.1.
IC 22-3-2-3
Repealed
(Repealed by Acts 1974, P.L.108, SEC.14.)
IC 22-3-2-4
Preexisting contracts; continuance; minors
Sec. 4. (a) Every contract of service between any employer andemployee covered by IC 22-3-2 through IC 22-3-6, written orimplied, in operation on May 21, 1929, or made or implied prior toMay 21, 1929, shall, after May 21, 1929, be presumed to continue;and every such contract made subsequent to May 21, 1929, shall bepresumed to have been made subject to the provisions of IC 22-3-2through IC 22-3-6 unless either party, except as provided in section15 of this chapter, shall give notice, as provided in section 9 of thischapter, to the other party to such contract that the provisions ofIC 22-3-2 through IC 22-3-6 (other than IC 22-3-4-13) are notintended to apply.
(b) A like presumption shall exist equally in the case of all minorsunless notice of the same character be given by or to the parent orguardian of the minor.
(Formerly: Acts 1929, c.172, s.4.) As amended by P.L.144-1986,SEC.23.
IC 22-3-2-5
Insurance; certificates authorizing carrying of risk withoutinsurance; state self-insurance program
Sec. 5. (a) Every employer who is bound by the compensationprovisions of IC 22-3-2 through IC 22-3-6, except the state, counties,townships, cities, towns, school cities, school towns, schooltownships, other municipal corporations, state institutions, stateboards, state commissions, banks, trust companies, and building andloan associations, shall insure the payment of compensation to theemployer's employees and their dependents in the manner providedin IC 22-3-3, or procure from the worker's compensation board a
certificate authorizing the employer to carry such risk withoutinsurance. While such insurance or such certificate remains in force,the employer or those conducting the employer's business and theemployer's worker's compensation insurance carrier shall be liable toany employee and the employee's dependents for personal injury ordeath by accident arising out of and in the course of employmentonly to the extent and in the manner specified in IC 22-3-2 throughIC 22-3-6.
(b) The state may not purchase worker's compensation insurance.The state may establish a program of self-insurance to cover itsliability under this article. The state may administer its program ofself-insurance or may contract with any private agency, businessfirm, limited liability company, or corporation to administer any partof the program. The state department of insurance may, in themanner prescribed by IC 4-22-2, adopt the rules necessary toimplement the state's program of self-insurance.
(Formerly: Acts 1929, c.172, s.5; Acts 1961, c.187, s.1; Acts 1974,P.L.108, SEC.3.) As amended by P.L.28-1983, SEC.56; P.L.28-1988,SEC.22; P.L.8-1993, SEC.279.
IC 22-3-2-6
Exclusive remedies
Sec. 6. The rights and remedies granted to an employee subject toIC 22-3-2 through IC 22-3-6 on account of personal injury or deathby accident shall exclude all other rights and remedies of suchemployee, the employee's personal representatives, dependents, ornext of kin, at common law or otherwise, on account of such injuryor death, except for remedies available under IC 5-2-6.1.
(Formerly: Acts 1929, c.172, s.6.) As amended by Acts 1982, P.L.21,SEC.50; P.L.2-1992, SEC.740; P.L.47-1993, SEC.11.
IC 22-3-2-7
Performance of statutory duties; application of law
Sec. 7. Nothing in IC 22-3-2 through IC 22-3-6 shall be construedto relieve any employer or employee from penalty for failure orneglect to perform any statutory duty.
(Formerly: Acts 1929, c.172, s.7.) As amended by P.L.144-1986,SEC.24.
IC 22-3-2-8
Qualifications; burden of proof
Sec. 8. No compensation is allowed for an injury or death due tothe employee's knowingly self-inflicted injury, his intoxication, hiscommission of an offense, his knowing failure to use a safetyappliance, his knowing failure to obey a reasonable written or printedrule of the employer which has been posted in a conspicuous positionin the place of work, or his knowing failure to perform any statutoryduty. The burden of proof is on the defendant.
(Formerly: Acts 1929, c.172, s.8.) As amended by Acts 1978, P.L.2,SEC.2209.
IC 22-3-2-9
Exempt employees; waiver of exemption; notice of acceptance
Sec. 9. (a) IC 22-3-2 through IC 22-3-6 shall not apply to:
(1) casual laborers (as defined in IC 22-3-6-1);
(2) farm or agricultural employees;
(3) household employees; or
(4) a person who enters into an independent contractoragreement with a nonprofit corporation that is recognized as taxexempt under Section 501(c)(3) of the Internal Revenue Code(as defined in IC 6-3-1-11(a)) to perform youth coachingservices on a part-time basis.
IC 22-3-2 through IC 22-3-6 do not apply to the employers orcontractors of the persons listed in this subsection.
(b) An employer who is exempt under this section from theoperation of the compensation provisions of this chapter may at anytime waive such exemption and thereby accept the provisions of thischapter by giving notice as provided in subsection (c).
(c) The notice of acceptance referred to in subsection (b) shall begiven thirty (30) days prior to any accident resulting in injury ordeath, provided that if any such injury occurred less than thirty (30)days after the date of employment, notice of acceptance given at thetime of employment shall be sufficient notice thereof. The noticeshall be in writing or print in a substantial form prescribed by theworker's compensation board and shall be given by the employer byposting the same in a conspicuous place in the plant, shop, office,room, or place where the employee is employed, or by serving itpersonally upon the employee; and shall be given by the employeeby sending the same in registered letter addressed to the employer atthe employer's last known residence or place of business, or bygiving it personally to the employer, or any of the employer's agentsupon whom a summons in civil actions may be served under the lawsof the state.
(d) A copy of the notice in prescribed form shall also be filed withthe worker's compensation board, within five (5) days after itsservice in such manner upon the employee or employer.
(Formerly: Acts 1929, c.172, s.9; Acts 1963, c.387, s.2; Acts 1974,P.L.108, SEC.4.) As amended by P.L.28-1988, SEC.23;P.L.258-1997(ss), SEC.1; P.L.201-2005, SEC.2.
IC 22-3-2-10
Repealed
(Repealed by Acts 1974, P.L.108, SEC.14.)
IC 22-3-2-11
Repealed
(Repealed by Acts 1974, P.L.108, SEC.14.)
IC 22-3-2-12
Repealed
(Repealed by Acts 1974, P.L.108, SEC.14.)
IC 22-3-2-13
Claims against third persons; subrogation; procedures
Sec. 13. Whenever an injury or death, for which compensation ispayable under chapters 2 through 6 of this article shall have beensustained under circumstances creating in some other person than theemployer and not in the same employ a legal liability to pay damagesin respect thereto, the injured employee, or his dependents, in caseof death, may commence legal proceedings against the other personto recover damages notwithstanding the employer's or the employer'scompensation insurance carrier's payment of or liability to paycompensation under chapters 2 through 6 of this article. In that case,however, if the action against the other person is brought by theinjured employee or his dependents and judgment is obtained andpaid, and accepted or settlement is made with the other person, eitherwith or without suit, then from the amount received by the employeeor dependents there shall be paid to the employer or the employer'scompensation insurance carrier, subject to its paying its pro-ratashare of the reasonable and necessary costs and expenses of assertingthe third party claim, the amount of compensation paid to theemployee or dependents, plus the medical, surgical, hospital andnurses' services and supplies and burial expenses paid by theemployer or the employer's compensation insurance carrier and theliability of the employer or the employer's compensation insurancecarrier to pay further compensation or other expenses shall thereuponterminate, whether or not one (1) or all of the dependents are entitledto share in the proceeds of the settlement or recovery and whether ornot one (1) or all of the dependents could have maintained the actionor claim for wrongful death.
In the event the injured employee or his dependents, not havingreceived compensation or medical, surgical, hospital or nurses'services and supplies or death benefits from the employer or theemployer's compensation insurance carrier, shall procure a judgmentagainst the other party for injury or death, which judgment is paid,or if settlement is made with the other person either with or withoutsuit, then the employer or the employer's compensation insurancecarrier shall have no liability for payment of compensation or forpayment of medical, surgical, hospital or nurses' services andsupplies or death benefits whatsoever, whether or not one (1) or allof the dependents are entitled to share in the proceeds of settlementor recovery and whether or not one (1) or all of the dependents couldhave maintained the action or claim for wrongful death.
In the event any injured employee, or in the event of his death, hisdependents, shall procure a final judgment against the other personother than by agreement, and the judgment is for a lesser sum thanthe amount for which the employer or the employer's compensationinsurance carrier is liable for compensation and for medical, surgical,hospital and nurses' services and supplies, as of the date the judgmentbecomes final, then the employee, or in the event of his death, hisdependents, shall have the option of either collecting the judgmentand repaying the employer or the employer's compensation insurance
carrier for compensation previously drawn, if any, and repaying theemployer or the employer's compensation insurance carrier formedical, surgical, hospital and nurses' services and suppliespreviously paid, if any, and of repaying the employer or theemployer's compensation insurance carrier the burial benefits paid,if any, or of assigning all rights under the judgment to the employeror the employer's compensation insurance carrier and thereafterreceiving all compensation and medical, surgical, hospital andnurses' services and supplies, to which the employee or in the eventof his death, which his dependents would be entitled if there hadbeen no action brought against the other party.
If the injured employee or his dependents shall agree to receivecompensation from the employer or the employer's compensationinsurance carrier or to accept from the employer or the employer'scompensation insurance carrier, by loan or otherwise, any paymenton account of the compensation, or institute proceedings to recoverthe same, the employer or the employer's compensation insurancecarrier shall have a lien upon any settlement award, judgment or fundout of which the employee might be compensated from the thirdparty.
The employee, or in the event of his death, his dependents, shallinstitute legal proceedings against the other person for damages,within two (2) years after the cause of action accrues. If, after theproceeding is commenced, it is dismissed, the employer or theemployer's compensation insurance carrier, having paidcompensation or having become liable therefor, may collect in theirown name, or in the name of the injured employee, or, in case ofdeath, in the name of his dependents, from the other person in whomlegal liability for damages exists, the compensation paid or payableto the injured employee, or his dependents, plus medical, surgical,hospital and nurses' services and supplies, and burial expenses paidby the employer or the employer's compensation insurance carrier orfor which they have become liable. The employer or the employer'scompensation insurance carrier may commence an action at law forcollection against the other person in whom legal liability fordamages exists, not later than one (1) year from the date the actionso commenced has been dismissed, notwithstanding the provisionsof any statute of limitations to the contrary.
If the employee, or, in the event of his death, his dependents, shallfail to institute legal proceedings against the other person fordamages within two (2) years after the cause of action accrues, theemployer or the employer's compensation insurance carrier, havingpaid compensation, or having been liable therefor, may collect intheir own name or in the name of the injured employee, or in the caseof his death, in the name of his dependents, from the other person inwhom legal liability for damage exists, the compensation paid orpayable to the injured employee, or to his dependents, plus themedical, surgical, hospital and nurses' services and supplies, andburial expenses, paid by them, or for which they have become liable,and the employer or the employer's compensation insurance carrier
may commence an action at law for collection against the otherperson in whom legal liability exists, at any time within one (1) yearfrom the date of the expiration of the two (2) years when the actionaccrued to the injured employee, or, in the event of his death, to hisdependents, notwithstanding the provisions of any statute oflimitations to the contrary.
In actions brought by the employee or his dependents, he or theyshall, within thirty (30) days after the action is filed, notify theemployer or the employer's compensation insurance carrier bypersonal service or registered mail, of the action and the name of thecourt in which such suit is brought, filing proof thereof in the action.
The employer or the employer's compensation insurance carriershall pay its pro rata share of all costs and reasonably necessaryexpenses in connection with asserting the third party claim, action orsuit, including but not limited to cost of depositions and witness fees,and to the attorney at law selected by the employee or hisdependents, a fee of twenty-five per cent (25%), if collected withoutsuit, of the amount of benefits actually repaid after the expenses andcosts in connection with the third party claim have been deductedtherefrom, and a fee of thirty-three and one-third per cent (33 1/3%),if collected with suit, of the amount of benefits actually repaid afterdeduction of costs and reasonably necessary expenses in connectionwith the third party claim action or suit. The employer may, withinninety (90) days after receipt of notice of suit from the employee orhis dependents, join in the action upon his motion so that all ordersof court after hearing and judgment shall be made for his protection.An employer or his compensation insurance carrier may waive itsright to reimbursement under this section and, as a result of thewaiver, not have to pay the pro-rata share of costs and expenses.
No release or settlement of claim for damages by reason of injuryor death, and no satisfaction of judgment in the proceedings, shall bevalid without the written consent of both employer or the employer'scompensation insurance carrier and employee or his dependents,except in the case of the employer or the employer's compensationinsurance carrier, consent shall not be required where the employeror the employer's compensation insurance carrier has been fullyindemnified or protected by court order.
(Formerly: Acts 1929, c.172, s.13; Acts 1945, c.188, s.4; Acts 1951,c.258, s.1; Acts 1955, c.240, s.1; Acts 1963, c.387, s.3; Acts 1969,c.94, s.1; Acts 1974, P.L.108, SEC.5.) As amended by Acts 1977,P.L.260, SEC.1; P.L.31-2000, SEC.1.
IC 22-3-2-14
Contractors; certificate of coverage; subrogation
Sec. 14. (a) As used in this section, "person" does not include:
(1) an owner who contracts for performance of work on theowner's owner occupied residential property; or
(2) a nonprofit corporation that is recognized as tax exemptunder Section 501(c)(3) of the Internal Revenue Code (asdefined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for theperformance of youth coaching services on a part-time basis.
(b) The state, any political division thereof, any municipalcorporation, any corporation, limited liability company, partnership,or person, contracting for the performance of any work exceedingone thousand dollars ($1,000) in value by a contractor subject to thecompensation provisions of IC 22-3-2 through IC 22-3-6, withoutexacting from such contractor a certificate from the worker'scompensation board showing that such contractor has complied withsection 5 of this chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liableto the same extent as the contractor for compensation, physician'sfees, hospital fees, nurse's charges, and burial expenses on accountof the injury or death of any employee of such contractor, due to anaccident arising out of and in the course of the performance of thework covered by such contract.
(c) Any contractor who shall sublet any contract for theperformance of any work, to a subcontractor subject to thecompensation provisions of IC 22-3-2 through IC 22-3-6, withoutobtaining a certificate from the worker's compensation boardshowing that such subcontractor has complied with section 5 of thischapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable to the sameextent as such subcontractor for the payment of compensation,physician's fees, hospital fees, nurse's charges, and burial expenseson account of the injury or death of any employee of suchsubcontractor due to an accident arising out of and in the course ofthe performance of the work covered by such subcontract.
(d) The state, any political division thereof, any municipalcorporation, any corporation, limited liability company, partnership,person, or contractor paying compensation, physician's fees, hospitalfees, nurse's charges, or burial expenses under this section mayrecover the amount paid or to be paid from any person who,independently of such provisions, would have been liable for thepayment thereof and may, in addition, recover the litigation expensesand attorney's fees incurred in the action before the worker'scompensation board as well as the litigation expenses and attorney'sfees incurred in an action to collect the compensation, medicalexpenses, and burial expenses.
(e) Every claim filed with the worker's compensation board underthis section shall be instituted against all parties liable for payment.The worker's compensation board, in an award under subsection (b),shall fix the order in which said parties shall be exhausted, beginningwith the immediate employer, and, in an award under subsection (c),shall determine whether the subcontractor has the financial ability topay the compensation and medical expenses when due and, if not,shall order the contractor to pay the compensation and medicalexpenses.
(Formerly: Acts 1929, c.172, s.14; Acts 1947, c.162, s.1.) Asamended by P.L.28-1988, SEC.24; P.L.8-1993, SEC.280;P.L.258-1997(ss), SEC.2; P.L.202-2001, SEC.2; P.L.201-2005,SEC.3.
IC 22-3-2-14.5
Independent contractor electing exemption from compensationprovisions; filing statement; certificate of exemption
Sec. 14.5. (a) As used in this section, "independent contractor"refers to a person described in IC 22-3-6-1(b)(7).
(b) As used in this section, "person" means an individual, aproprietorship, a partnership, a joint venture, a firm, an association,a corporation, or other legal entity.
(c) An independent contractor who does not make an electionunder IC 22-3-6-1(b)(4) or IC 22-3-6-1(b)(5) is not subject to thecompensation provisions of IC 22-3-2 through IC 22-3-6 and mustfile a statement with the department of state revenue in accordancewith IC 6-3-7-5 and obtain a certificate of exemption.
(d) Together with the statement required in subsection (c), anindependent contractor shall file annually with the departmentdocumentation in support of independent contractor status beforebeing granted a certificate of exemption. The independent contractormust obtain clearance from the department of state revenue beforeissuance of the certificate.
(e) An independent contractor shall pay a filing fee in the amountof fifteen dollars ($15) with the certificate filed under subsection (g).The fees collected under this subsection shall be deposited in theworker's compensation supplemental administrative fund and shallbe used for all expenses the board incurs.
(f) The worker's compensation board shall maintain a data baseconsisting of certificates received under this section and on requestmay verify that a certificate was filed.
(g) A certificate of exemption must be filed with the worker'scompensation board. The board shall indicate that the certificate hasbeen filed by stamping the certificate with the date of receipt andreturning a stamped copy to the person filing the certificate. Acertificate becomes effective as of midnight seven (7) business daysafter the date file stamped by the worker's compensation board. Theboard shall maintain a data base containing the information requiredin subsections (d) and (f).
(h) A person who contracts for services of another person notcovered by IC 22-3-2 through IC 22-3-6 to perform work must securea copy of a stamped certificate of exemption filed under this sectionfrom the person hired. A person may not require a person who hasprovided a stamped certificate to have worker's compensationcoverage. The worker's compensation insurance carrier of a personwho contracts with an independent contractor shall accept a stampedcertificate in the same manner as a certificate of insurance.
(i) A stamped certificate filed under this section is binding on andholds harmless from all claims:
(1) a person who contracts with an independent contractor afterreceiving a copy of the stamped certificate; and
(2) the worker's compensation insurance carrier of the personwho contracts with the independent contractor.
The independent contractor may not collect compensation under
IC 22-3-2 through IC 22-3-6 for an injury from a person or theperson's worker's compensation carrier to whom the independentcontractor has furnished a stamped certificate.
As added by P.L.75-1993, SEC.2. Amended by P.L.202-2001, SEC.3.
IC 22-3-2-15
Contracts, agreements, or rules do not relieve employers ofobligations; voluntary settlement agreements; minors; approval;effect
Sec. 15. (a) No contract, agreement (written or implied), rule, orother device shall, in any manner, operate to relieve any employer inwhole or in part of any obligation created by IC 22-3-2 throughIC 22-3-6. However, nothing in IC 22-3-2 through IC 22-3-6 shall beconstrued as preventing the parties to claims under IC 22-3-2 throughIC 22-3-6 from entering into voluntary agreements in settlementthereof, but no agreement by an employee or his dependents to waivehis rights under IC 22-3-2 through IC 22-3-6 shall be valid nor shallany agreement of settlement or compromise of any dispute or claimfor compensation under IC 22-3-2 through IC 22-3-6 be valid untilapproved by a member of the board, nor shall a member of theworker's compensation board approve any settlement which is not inaccordance with the rights of the parties as given in IC 22-3-2through IC 22-3-6. No such agreement shall be valid unless madeafter seven (7) days from the date of the injury or death.
(b) A compromise settlement approved by a member of theworker's compensation board during the employee's lifetime shallextinguish and bar all claims for compensation for the employee'sdeath if the settlement compromises a dispute on any question orissue other than the extent of disability or the rate of compensation.
(c) A minor dependent, by parent or legal guardian, maycompromise disputes and may enter into a compromise settlementagreement, and upon approval by a member of the worker'scompensation board, the settlement agreement shall have the sameforce and effect as though the minor had been an adult. The paymentof compensation by the employer in accordance with the settlementagreement shall discharge the employer from all further obligation.
(Formerly: Acts 1929, c.172, s.15; Acts 1943, c.136, s.1; Acts 1945,c.284, s.1; Acts 1974, P.L.108, SEC.6.) As amended by P.L.28-1988,SEC.25; P.L.1-1991, SEC.148.
IC 22-3-2-16
Claims for compensation; priorities
Sec. 16. All rights of compensation granted by IC 22-3-2 throughIC 22-3-6 shall have the same preference or priority for the wholethereof against the assets of the employer as is allowed by law forany unpaid wages for labor.
(Formerly: Acts 1929, c.172, s.16.) As amended by P.L.144-1986,SEC.25.
IC 22-3-2-17 Claims for compensation; assignment; creditor claims; childsupport income withholding
Sec. 17. (a) Except as provided in subsection (b), no claims forcompensation under IC 22-3-2 through IC 22-3-6 shall be assignable,and all compensation and claims therefor shall be exempt from allclaims of creditors.
(b) Compensation awards under IC 22-3-2 through IC 22-3-6 aresubject to child support income withholding under IC 31-16-15 andother remedies available for the enforcement of a child support order.The maximum amount that may be withheld under this subsection isone-half (1/2) of the compensation award.
(Formerly: Acts 1929, c.172, s.17.) As amended by P.L.144-1986,SEC.26; P.L.95-1988, SEC.2; P.L.1-1997, SEC.106; P.L.213-1999,SEC.7.
IC 22-3-2-18
Coal mining; application of law
Sec. 18. The provisions of IC 22-3-2 through IC 22-3-6 shallapply to the state, to all political divisions thereof, to all municipalcorporations within the state, to persons, partnerships, limitedliability companies, and corporations engaged in mining coal, and tothe employees thereof, without any right of exemption from thecompensation provisions of IC 22-3-2 through IC 22-3-6, except asprovided in section 15 of this chapter.
(Formerly: Acts 1929, c.172, s.18; Acts 1943, c.136, s.2.) Asamended by P.L.144-1986, SEC.27; P.L.8-1993, SEC.281.
IC 22-3-2-19
Interstate or foreign commerce; exemptions
Sec. 19. IC 22-3-2 through IC 22-3-6 shall not apply to employeesand employers engaged in interstate or foreign commerce whereinthe laws of the United States provide for compensation or forliability for injury or death by accident to such employees.
(Formerly: Acts 1929, c.172, s.19; Acts 1963, c.387, s.4.) Asamended by P.L.144-1986, SEC.28.
IC 22-3-2-20
Place of accident
Sec. 20. Every employer and employee under IC 22-3-2 throughIC 22-3-6 shall be bound by the provisions of IC 22-3-2 throughIC 22-3-6 whether injury by accident or death resulting from suchinjury occurs within the state or in some other state or in a foreigncountry.
(Formerly: Acts 1929, c.172, s.20.) As amended by P.L.144-1986,SEC.29.
IC 22-3-2-21
Prior injuries; application of law
Sec. 21. The provisions of IC 22-3-2 through IC 22-3-6 shall notapply to injuries or death nor to accident which occurred prior to
May 21, 1929.
(Formerly: Acts 1929, c.172, s.21.) As amended by P.L.144-1986,SEC.30.
IC 22-3-2-22
Notice; worker's compensation coverage
Sec. 22. (a) Each employer subject to IC 22-3-2 through IC 22-3-6shall post a notice in the employer's place of business to inform theemployees that their employment is covered by worker'scompensation. The notice must also contain the name, address, andtelephone number of the employer's insurance carrier or the personresponsible for administering the employer's worker's compensationclaims if the employer is self insured.
(b) The notice required under this section must be in a formapproved by the board and shall be posted at a conspicuous locationat the employer's place of business to provide reasonable notice to allemployees. If the employer is required by federal law or regulationto post a notice for the employer's employees, the notice requiredunder this section must be posted in the same location or locationswhere the notice required by federal law or regulation is posted.
(c) An employer who fails to comply with this section is subjectto a civil penalty of fifty dollars ($50), to be assessed and collectedby the board. Civil penalties collected under this section shall bedeposited in the state general fund.
As added by P.L.170-1991, SEC.2.