CHAPTER 9. EMPLOYER LIABILITY

IC 22-3-9
    Chapter 9. Employer Liability

IC 22-3-9-1
Personal injuries or death; damages
    Sec. 1. Any person, firm, limited liability company, or corporationwhile engaged in business, trade or commerce within this state, andemploying in such business, trade or commerce five (5) or morepersons shall be liable and respond in damages to any personsuffering injury while in the employ of such person, firm, limitedliability company, or corporation, or in case of the death of suchemployee, then to his or her personal representative, for the benefitof the surviving widow or husband and children of such employee;and if none, then to such employee's parents; and if none, then to thenext of kin dependent upon such employee, where such injury ordeath resulted in whole or in part from the negligence of suchemployer or his, its or their agents, servants, employees or officers,or by reason of any defect, mismanagement or insufficiency, due tohis, its or their carelessness, negligence, fault or omission of duty.
(Formerly: Acts 1911, c.88, s.1.) As amended by P.L.8-1993,SEC.285.

IC 22-3-9-2
Personal injuries or death; contributory negligence; burden ofproof
    Sec. 2. In any action prosecuted under the provisions of thischapter the burden of proving that such injured or killed employeedid not use due care and diligence at the time of such injury or deathshall be upon the defendant, but the same may be proved under thegeneral denial. No such employee who may have been injured orkilled shall be held to have been guilty of negligence or contributorynegligence by reason of the assumption of the risk thereof in any casewhere the violation by the employer or his, its, or their agents oremployees of any ordinance or statute enacted, or of any rule,regulation, or direction made by any public officer, bureau, orcommission, was the cause of the injury or death of such employee.In actions brought against any employer under the provisions of thischapter for the injury or death of any employee, it shall not be adefense that the dangers or hazards inherent or apparent in theemployment in which such injured employee was engagedcontributed to such injury. No such injured employee shall be heldto have been guilty of negligence or contributory negligence wherethe injury complained of resulted from such employee's obedience orconformity to any order or direction of the employer or of anyemployee to whose orders or directions he was under obligation toconform or obey, although such order or direction was a deviationfrom other rules, orders, or directions previously made by suchemployer.
(Formerly: Acts 1911, c.88, s.2.) As amended by P.L.144-1986,SEC.77.
IC 22-3-9-3
Personal injuries or death; assumption of risk; safe place to work;defective tools
    Sec. 3. In any action brought against any employer under or byvirtue of this chapter to recover damages for injuries or the death ofany of his, its, or their employees, such employee shall not be heldto have assumed the risks of the employment in any case where theviolation of such employer or his, its, or their agents or employees ofany ordinance or statute enacted, or of any rule, direction, orregulation made by any public officer or commission, contributed tothe injury or death of such employee; nor shall such injuredemployee be held to have assumed the risk of the employment wherethe injury complained of resulted from his obedience to any order ordirection of the employer or of any employee to whose orders ordirections he was under obligations to conform or obey althoughsuch order or direction was a deviation from other orders ordirections or rules previously made by such employer. In any actionbrought against any employer under the provisions of this chapter torecover damages for injury to or the death of any of his, its, or theiremployees, such employee shall not be held to have assumed the riskof any defect in the place of work furnished to such employee, or inthe tool, implement, or appliance furnished him by such employer,where such defect was, prior to such injury, known to such employer,or by the exercise of ordinary care might have been known to him intime to have repaired the same or to have discontinued the use ofsuch defective working place, tool, implement, or appliance. Theburden of proving that such employer did not know of such defect orthat he was not chargeable with knowledge thereof in time to haverepaired the same or to have discontinued the use of such workingplace, tool, implement, or appliance shall be on the defendant, butthe same may be proved under the general denial.
(Formerly: Acts 1911, c.88, s.3.) As amended by P.L.144-1986,SEC.78.

IC 22-3-9-4
Personal injuries or death; survival of actions
    Sec. 4. The damages recoverable under this chapter shall becommensurate with the injuries sustained, and in case death resultsfrom such injury the action shall survive; provided, that where anysuch injured person recovers a judgment under the provisions of thischapter and an appeal is taken from such judgment, and pending suchappeal the injured person dies and said judgment be thereafterreversed, or where such injured person dies after said judgment isreversed and before trial, the right of action of such person shallsurvive to his or her personal representative, and such action may becontinued in the name of such personal representative for the benefitof the person entitled under this chapter to receive the same.
(Formerly: Acts 1911, c.88, s.4.) As amended by P.L.144-1986,SEC.79.
IC 22-3-9-5
Contracts; rules and regulations; exemption from liability; setoff
    Sec. 5. Any contract, rule, regulation, bylaw, or devicewhatsoever, the purpose, intent, or effect of which would be toenable any employer to exempt himself or itself from any liabilitycreated by this chapter, shall to that extent be void; provided, that inany action brought against any such employer under or by virtue ofany of the provisions of this chapter, such employer may set offtherein by special plea any sum such employer has contributed orpaid to any insurance, relief benefit, or indemnity for and on behalfof such injured employee that may have been paid to him or to theperson entitled thereto on account of the injury or death for whichsaid action is brought, but in no event shall the amount of such setoffexceed the amount paid to such employee or other person entitledthereto out of such insurance, relief benefit, or indemnity fund.
(Formerly: Acts 1911, c.88, s.5.) As amended by P.L.144-1986,SEC.80.

IC 22-3-9-6
Wrongful death damages; amount
    Sec. 6. Where any action is brought on account of the death of anyperson under this chapter, the liability of any such employer shall notexceed ten thousand dollars ($10,000), and the provisions of the lawin force as to parties plaintiff shall apply.
(Formerly: Acts 1911, c.88, s.6.) As amended by P.L.144-1986,SEC.81.

IC 22-3-9-7
Assumption of risk; negligence; contributory negligence; questionsof fact
    Sec. 7. All questions of assumption of risk, negligence orcontributory negligence shall be questions of fact for the jury todecide, unless the cause is being tried without a jury, in which case,such questions shall be questions of fact for the court.
(Formerly: Acts 1911, c.88, s.7.)

IC 22-3-9-8
Limitation of actions
    Sec. 8. No action shall be maintained under this chapter unless thesame is commenced within two (2) years from the date the cause ofaction accrued.
(Formerly: Acts 1911, c.88, s.8.) As amended by P.L.144-1986,SEC.82.

IC 22-3-9-9
Definitions
    Sec. 9. The term "employer", "persons", "firm", "limited liabilitycompany", and "corporation" shall include receivers or other personscharged with the duty of managing, conducting or operating business,trade or commerce.(Formerly: Acts 1911, c.88, s.9.) As amended by P.L.8-1993,SEC.286.

IC 22-3-9-10
Application of law
    Sec. 10. This chapter shall not apply to injuries received by anyemployee before March 2, 1911, nor affect any suit or legalproceedings pending in any court on March 2, 1911.
(Formerly: Acts 1911, c.88, s.10.) As amended by P.L.144-1986,SEC.83.

IC 22-3-9-11
Supplemental remedies; common law rights
    Sec. 11. This chapter shall be construed as supplemental to allstatutes in force on March 2, 1911, concerning employers andemployees and shall repeal only such statutes as are in direct conflictwith the provisions of this chapter. Nothing in this chapter shall beheld to limit the duty or liability of employers or to impair the rightsof their employees under the common law or any other statuteexisting on March 2, 1911, or to affect the prosecution of anyproceeding or right of action pending on March 2, 1911.
(Formerly: Acts 1911, c.88, s.11.) As amended by P.L.144-1986,SEC.84.