IC 22-3-2
Chapter 2. Worker's Compensation: Application, Rights, and
Remedies
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Repealed
(Repealed by P.L.28-1988, SEC.118.)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 stated
in IC 22-3-2 through IC 22-3-6, shall comply with the provisions of
IC 22-3-2 through IC 22-3-6 respectively to pay and accept
compensation for personal injury or death by accident arising out of
and in the course of the employment, and shall be bound thereby.
The burden of proof is on the employee. The proof by the employee
of an element of a claim does not create a presumption in favor of the
employee with regard to another element of the claim.
(b) IC 22-3-2 through IC 22-3-6 does not apply to railroad
employees 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 assigned
thereto.
(c) IC 22-3-2 through IC 22-3-6 does not apply to employees of
municipal corporations in Indiana who are members of:
(1) the fire department or police department of any such
municipality; and
(2) a firefighters' pension fund or of a police officers' pension
fund.
However, if the common council elects to purchase and procure
worker's compensation insurance to insure said employees with
respect to medical benefits under IC 22-3-2 through IC 22-3-6, the
medical provisions of IC 22-3-2 through IC 22-3-6 apply to members
of the fire department or police department of any such municipal
corporation who are also members of a firefighters' pension fund or
a 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 contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
(2) A nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(e) When any municipal corporation purchases or procures
worker's compensation insurance covering members of the fire
department or police department who are also members of a
firefighters' pension fund or a police officers' pension fund, and pays
the premium or premiums for such insurance, the payment of such
premiums is a legal and allowable expenditure of funds of any
municipal corporation.
(f) Except as provided in subsection (g), where the common
council has procured worker's compensation insurance under this
section, any member of such fire department or police department
employed in the city carrying such worker's compensation insurance
under 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 such
services are provided for in the worker's compensation policy
procured by such city, and shall not also recover in addition to that
policy for such same benefits provided in IC 36-8-4.
(g) If the medical benefits provided under a worker's
compensation policy procured by the common council terminate for
any reason before the police officer or firefighter is fully recovered,
the common council shall provide medical benefits that are necessary
until the police officer or firefighter is no longer in need of medical
care.
(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" means
a volunteer:
(1) whose name has been entered on a roster of volunteers for
a 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 in
IC 36-8-12-2) or an inmate assigned to a correctional facility
operated 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 treatment
provisions of the worker's compensation law (IC 22-3-2 through
IC 22-3-6) and the worker's occupational disease law (IC 22-3-7). If
compensability of an injury is an issue, the administrative procedures
of IC 22-3-2 through IC 22-3-7 apply as appropriate.
(d) All expenses incurred for premiums of the insurance allowed
or other charges or expenses under this section shall be paid out of
the unit's general fund in the same manner as other expenses of the
unit 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 a
person 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 of
any nature; and
(2) has been approved and accepted as a volunteer worker by
the 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 a
state institution (as defined in IC 12-7-2-184) are governmental
services. A volunteer worker is subject to the medical benefits
described under this chapter through IC 22-3-6. However, a volunteer
worker 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 the
federal 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 student
is entitled to the following compensation and benefits under this
article:
(1) Medical benefits under IC 22-3-2 through IC 22-3-6.
(2) Permanent partial impairment compensation under
IC 22-3-3-10. Permanent partial impairment compensation for
a school to work student shall be paid in a lump sum upon
agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred
seventy-five thousand dollars ($175,000), payable upon
agreement or final award to any dependents of the student
under IC 22-3-3-18 through IC 22-3-3-20, or, if the student
has 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 is
presumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this article:
(1) Temporary total disability compensation under IC 22-3-3-8.
(2) Temporary partial disability compensation under
IC 22-3-3-9.
(e) Except for remedies available under IC 5-2-6.1, recovery
under 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, at
common law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of and
in 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 and
employee covered by IC 22-3-2 through IC 22-3-6, written or
implied, in operation on May 21, 1929, or made or implied prior to
May 21, 1929, shall, after May 21, 1929, be presumed to continue;
and every such contract made subsequent to May 21, 1929, shall be
presumed to have been made subject to the provisions of IC 22-3-2
through IC 22-3-6 unless either party, except as provided in section
15 of this chapter, shall give notice, as provided in section 9 of this
chapter, to the other party to such contract that the provisions of
IC 22-3-2 through IC 22-3-6 (other than IC 22-3-4-13) are not
intended to apply.
(b) A like presumption shall exist equally in the case of all minors
unless notice of the same character be given by or to the parent or
guardian 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 without
insurance; state self-insurance program
Sec. 5. (a) Every employer who is bound by the compensation
provisions of IC 22-3-2 through IC 22-3-6, except the state, counties,
townships, cities, towns, school cities, school towns, school
townships, other municipal corporations, state institutions, state
boards, state commissions, banks, trust companies, and building and
loan associations, shall insure the payment of compensation to the
employer's employees and their dependents in the manner provided
in IC 22-3-3, or procure from the worker's compensation board a
certificate authorizing the employer to carry such risk without
insurance. While such insurance or such certificate remains in force,
the employer or those conducting the employer's business and the
employer's worker's compensation insurance carrier shall be liable to
any employee and the employee's dependents for personal injury or
death by accident arising out of and in the course of employment
only to the extent and in the manner specified in IC 22-3-2 through
IC 22-3-6.
(b) The state may not purchase worker's compensation insurance.
The state may establish a program of self-insurance to cover its
liability under this article. The state may administer its program of
self-insurance or may contract with any private agency, business
firm, limited liability company, or corporation to administer any part
of the program. The state department of insurance may, in the
manner prescribed by IC 4-22-2, adopt the rules necessary to
implement 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 to
IC 22-3-2 through IC 22-3-6 on account of personal injury or death
by accident shall exclude all other rights and remedies of such
employee, the employee's personal representatives, dependents, or
next of kin, at common law or otherwise, on account of such injury
or 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 construed
to relieve any employer or employee from penalty for failure or
neglect 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 to
the employee's knowingly self-inflicted injury, his intoxication, his
commission of an offense, his knowing failure to use a safety
appliance, his knowing failure to obey a reasonable written or printed
rule of the employer which has been posted in a conspicuous position
in the place of work, or his knowing failure to perform any statutory
duty. 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 contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
IC 22-3-2 through IC 22-3-6 do not apply to the employers or
contractors of the persons listed in this subsection.
(b) An employer who is exempt under this section from the
operation of the compensation provisions of this chapter may at any
time waive such exemption and thereby accept the provisions of this
chapter by giving notice as provided in subsection (c).
(c) The notice of acceptance referred to in subsection (b) shall be
given thirty (30) days prior to any accident resulting in injury or
death, provided that if any such injury occurred less than thirty (30)
days after the date of employment, notice of acceptance given at the
time of employment shall be sufficient notice thereof. The notice
shall be in writing or print in a substantial form prescribed by the
worker's compensation board and shall be given by the employer by
posting the same in a conspicuous place in the plant, shop, office,
room, or place where the employee is employed, or by serving it
personally upon the employee; and shall be given by the employee
by sending the same in registered letter addressed to the employer at
the employer's last known residence or place of business, or by
giving it personally to the employer, or any of the employer's agents
upon whom a summons in civil actions may be served under the laws
of the state.
(d) A copy of the notice in prescribed form shall also be filed with
the worker's compensation board, within five (5) days after its
service 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 is
payable under chapters 2 through 6 of this article shall have been
sustained under circumstances creating in some other person than the
employer and not in the same employ a legal liability to pay damages
in respect thereto, the injured employee, or his dependents, in case
of death, may commence legal proceedings against the other person
to recover damages notwithstanding the employer's or the employer's
compensation insurance carrier's payment of or liability to pay
compensation under chapters 2 through 6 of this article. In that case,
however, if the action against the other person is brought by the
injured employee or his dependents and judgment is obtained and
paid, and accepted or settlement is made with the other person, either
with or without suit, then from the amount received by the employee
or dependents there shall be paid to the employer or the employer's
compensation insurance carrier, subject to its paying its pro-rata
share of the reasonable and necessary costs and expenses of asserting
the third party claim, the amount of compensation paid to the
employee or dependents, plus the medical, surgical, hospital and
nurses' services and supplies and burial expenses paid by the
employer or the employer's compensation insurance carrier and the
liability of the employer or the employer's compensation insurance
carrier to pay further compensation or other expenses shall thereupon
terminate, whether or not one (1) or all of the dependents are entitled
to share in the proceeds of the settlement or recovery and whether or
not one (1) or all of the dependents could have maintained the action
or claim for wrongful death.
In the event the injured employee or his dependents, not having
received compensation or medical, surgical, hospital or nurses'
services and supplies or death benefits from the employer or the
employer's compensation insurance carrier, shall procure a judgment
against the other party for injury or death, which judgment is paid,
or if settlement is made with the other person either with or without
suit, then the employer or the employer's compensation insurance
carrier shall have no liability for payment of compensation or for
payment of medical, surgical, hospital or nurses' services and
supplies or death benefits whatsoever, whether or not one (1) or all
of the dependents are entitled to share in the proceeds of settlement
or recovery and whether or not one (1) or all of the dependents could
have maintained the action or claim for wrongful death.
In the event any injured employee, or in the event of his death, his
dependents, shall procure a final judgment against the other person
other than by agreement, and the judgment is for a lesser sum than
the amount for which the employer or the employer's compensation
insurance carrier is liable for compensation and for medical, surgical,
hospital and nurses' services and supplies, as of the date the judgment
becomes final, then the employee, or in the event of his death, his
dependents, shall have the option of either collecting the judgment
and repaying the employer or the employer's compensation insurance
carrier for compensation previously drawn, if any, and repaying the
employer or the employer's compensation insurance carrier for
medical, surgical, hospital and nurses' services and supplies
previously paid, if any, and of repaying the employer or the
employer's compensation insurance carrier the burial benefits paid,
if any, or of assigning all rights under the judgment to the employer
or the employer's compensation insurance carrier and thereafter
receiving all compensation and medical, surgical, hospital and
nurses' services and supplies, to which the employee or in the event
of his death, which his dependents would be entitled if there had
been no action brought against the other party.
If the injured employee or his dependents shall agree to receive
compensation from the employer or the employer's compensation
insurance carrier or to accept from the employer or the employer's
compensation insurance carrier, by loan or otherwise, any payment
on account of the compensation, or institute proceedings to recover
the same, the employer or the employer's compensation insurance
carrier shall have a lien upon any settlement award, judgment or fund
out of which the employee might be compensated from the third
party.
The employee, or in the event of his death, his dependents, shall
institute legal proceedings against the other person for damages,
within two (2) years after the cause of action accrues. If, after the
proceeding is commenced, it is dismissed, the employer or the
employer's compensation insurance carrier, having paid
compensation or having become liable therefor, may collect in their
own name, or in the name of the injured employee, or, in case of
death, in the name of his dependents, from the other person in whom
legal liability for damages exists, the compensation paid or payable
to the injured employee, or his dependents, plus medical, surgical,
hospital and nurses' services and supplies, and burial expenses paid
by the employer or the employer's compensation insurance carrier or
for which they have become liable. The employer or the employer's
compensation insurance carrier may commence an action at law for
collection against the other person in whom legal liability for
damages exists, not later than one (1) year from the date the action
so commenced has been dismissed, notwithstanding the provisions
of any statute of limitations to the contrary.
If the employee, or, in the event of his death, his dependents, shall
fail to institute legal proceedings against the other person for
damages within two (2) years after the cause of action accrues, the
employer or the employer's compensation insurance carrier, having
paid compensation, or having been liable therefor, may collect in
their own name or in the name of the injured employee, or in the case
of his death, in the name of his dependents, from the other person in
whom legal liability for damage exists, the compensation paid or
payable to the injured employee, or to his dependents, plus the
medical, surgical, hospital and nurses' services and supplies, and
burial 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 other
person in whom legal liability exists, at any time within one (1) year
from the date of the expiration of the two (2) years when the action
accrued to the injured employee, or, in the event of his death, to his
dependents, notwithstanding the provisions of any statute of
limitations to the contrary.
In actions brought by the employee or his dependents, he or they
shall, within thirty (30) days after the action is filed, notify the
employer or the employer's compensation insurance carrier by
personal service or registered mail, of the action and the name of the
court in which such suit is brought, filing proof thereof in the action.
The employer or the employer's compensation insurance carrier
shall pay its pro rata share of all costs and reasonably necessary
expenses in connection with asserting the third party claim, action or
suit, including but not limited to cost of depositions and witness fees,
and to the attorney at law selected by the employee or his
dependents, a fee of twenty-five per cent (25%), if collected without
suit, of the amount of benefits actually repaid after the expenses and
costs in connection with the third party claim have been deducted
therefrom, 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 after
deduction of costs and reasonably necessary expenses in connection
with the third party claim action or suit. The employer may, within
ninety (90) days after receipt of notice of suit from the employee or
his dependents, join in the action upon his motion so that all orders
of court after hearing and judgment shall be made for his protection.
An employer or his compensation insurance carrier may waive its
right to reimbursement under this section and, as a result of the
waiver, not have to pay the pro-rata share of costs and expenses.
No release or settlement of claim for damages by reason of injury
or death, and no satisfaction of judgment in the proceedings, shall be
valid without the written consent of both employer or the employer's
compensation insurance carrier and employee or his dependents,
except in the case of the employer or the employer's compensation
insurance carrier, consent shall not be required where the employer
or the employer's compensation insurance carrier has been fully
indemnified 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 the
owner's owner occupied residential property; or
(2) a nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(b) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership,
or person, contracting for the performance of any work exceeding
one thousand dollars ($1,000) in value by a contractor subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6, without
exacting from such contractor a certificate from the worker's
compensation board showing that such contractor has complied with
section 5 of this chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable
to the same extent as the contractor for compensation, physician's
fees, hospital fees, nurse's charges, and burial expenses on account
of the injury or death of any employee of such contractor, due to an
accident arising out of and in the course of the performance of the
work covered by such contract.
(c) Any contractor who shall sublet any contract for the
performance of any work, to a subcontractor subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6, without
obtaining a certificate from the worker's compensation board
showing that such subcontractor has complied with section 5 of this
chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable to the same
extent as such subcontractor for the payment of compensation,
physician's fees, hospital fees, nurse's charges, and burial expenses
on account of the injury or death of any employee of such
subcontractor due to an accident arising out of and in the course of
the performance of the work covered by such subcontract.
(d) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership,
person, or contractor paying compensation, physician's fees, hospital
fees, nurse's charges, or burial expenses under this section may
recover the amount paid or to be paid from any person who,
independently of such provisions, would have been liable for the
payment thereof and may, in addition, recover the litigation expenses
and attorney's fees incurred in the action before the worker's
compensation board as well as the litigation expenses and attorney's
fees incurred in an action to collect the compensation, medical
expenses, and burial expenses.
(e) Every claim filed with the worker's compensation board under
this 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, beginning
with the immediate employer, and, in an award under subsection (c),
shall determine whether the subcontractor has the financial ability to
pay the compensation and medical expenses when due and, if not,
shall order the contractor to pay the compensation and medical
expenses. (Formerly: Acts 1929, c.172, s.14; Acts 1947, c.162, s.1.) As
amended 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 compensation
provisions; 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, a
proprietorship, a partnership, a joint venture, a firm, an association,
a corporation, or other legal entity.
(c) An independent contractor who does not make an election
under IC 22-3-6-1(b)(4) or IC 22-3-6-1(b)(5) is not subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6 and must
file a statement with the department of state revenue in accordance
with IC 6-3-7-5 and obtain a certificate of exemption.
(d) Together with the statement required in subsection (c), an
independent contractor shall file annually with the department
documentation in support of independent contractor status before
being granted a certificate of exemption. The independent contractor
must obtain clearance from the department of state revenue before
issuance of the certificate.
(e) An independent contractor shall pay a filing fee in the amount
of fifteen dollars ($15) with the certificate filed under subsection (g).
The fees collected under this subsection shall be deposited in the
worker's compensation supplemental administrative fund and shall
be used for all expenses the board incurs.
(f) The worker's compensation board shall maintain a data base
consisting of certificates received under this section and on request
may verify that a certificate was filed.
(g) A certificate of exemption must be filed with the worker's
compensation board. The board shall indicate that the certificate has
been filed by stamping the certificate with the date of receipt and
returning a stamped copy to the person filing the certificate. A
certificate becomes effective as of midnight seven (7) business days
after the date file stamped by the worker's compensation board. The
board shall maintain a data base containing the information required
in subsections (d) and (f).
(h) A person who contracts for services of another person not
covered by IC 22-3-2 through IC 22-3-6 to perform work must secure
a copy of a stamped certificate of exemption filed under this section
from the person hired. A person may not require a person who has
provided a stamped certificate to have worker's compensation
coverage. The worker's compensation insurance carrier of a person
who contracts with an independent contractor shall accept a stamped
certificate in the same manner as a certificate of insurance.
(i) A stamped certificate filed under this section is binding on and
holds harmless from all claims:
(1) a person who contracts with an independent contractor after
receiving a copy of the stamped certificate; and
(2) the worker's compensation insurance carrier of the person
who 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 the
person's worker's compensation carrier to whom the independent
contractor 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 of
obligations; voluntary settlement agreements; minors; approval;
effect
Sec. 15. (a) No contract, agreement (written or implied), rule, or
other device shall, in any manner, operate to relieve any employer in
whole or in part of any obligation created by IC 22-3-2 through
IC 22-3-6. However, nothing in IC 22-3-2 through IC 22-3-6 shall be
construed as preventing the parties to claims under IC 22-3-2 through
IC 22-3-6 from entering into voluntary agreements in settlement
thereof, but no agreement by an employee or his dependents to waive
his rights under IC 22-3-2 through IC 22-3-6 shall be valid nor shall
any agreement of settlement or compromise of any dispute or claim
for compensation under IC 22-3-2 through IC 22-3-6 be valid until
approved by a member of the board, nor shall a member of the
worker's compensation board approve any settlement which is not in
accordance with the rights of the parties as given in IC 22-3-2
through IC 22-3-6. No such agreement shall be valid unless made
after seven (7) days from the date of the injury or death.
(b) A compromise settlement approved by a member of the
worker's compensation board during the employee's lifetime shall
extinguish and bar all claims for compensation for the employee's
death if the settlement compromises a dispute on any question or
issue other than the extent of disability or the rate of compensation.
(c) A minor dependent, by parent or legal guardian, may
compromise disputes and may enter into a compromise settlement
agreement, and upon approval by a member of the worker's
compensation board, the settlement agreement shall have the same
force and effect as though the minor had been an adult. The payment
of compensation by the employer in accordance with the settlement
agreement 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 through
IC 22-3-6 shall have the same preference or priority for the whole
thereof against the assets of the employer as is allowed by law for
any 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; child
support income withholding
Sec. 17. (a) Except as provided in subsection (b), no claims for
compensation under IC 22-3-2 through IC 22-3-6 shall be assignable,
and all compensation and claims therefor shall be exempt from all
claims of creditors.
(b) Compensation awards under IC 22-3-2 through IC 22-3-6 are
subject to child support income withholding under IC 31-16-15 and
other remedies available for the enforcement of a child support order.
The maximum amount that may be withheld under this subsection is
one-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 shall
apply to the state, to all political divisions thereof, to all municipal
corporations within the state, to persons, partnerships, limited
liability companies, and corporations engaged in mining coal, and to
the employees thereof, without any right of exemption from the
compensation provisions of IC 22-3-2 through IC 22-3-6, except as
provided in section 15 of this chapter. (Formerly: Acts 1929, c.172, s.18; Acts 1943, c.136, s.2.) As
amended 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 employees
and employers engaged in interstate or foreign commerce wherein
the laws of the United States provide for compensation or for
liability for injury or death by accident to such employees. (Formerly: Acts 1929, c.172, s.19; Acts 1963, c.387, s.4.) As
amended 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 through
IC 22-3-6 shall be bound by the provisions of IC 22-3-2 through
IC 22-3-6 whether injury by accident or death resulting from such
injury occurs within the state or in some other state or in a foreign
country. (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 not
apply 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 22-3-6
shall post a notice in the employer's place of business to inform the
employees that their employment is covered by worker's
compensation. The notice must also contain the name, address, and
telephone number of the employer's insurance carrier or the person
responsible for administering the employer's worker's compensation
claims if the employer is self insured.
(b) The notice required under this section must be in a form
approved by the board and shall be posted at a conspicuous location
at the employer's place of business to provide reasonable notice to all
employees. If the employer is required by federal law or regulation
to post a notice for the employer's employees, the notice required
under this section must be posted in the same location or locations
where the notice required by federal law or regulation is posted.
(c) An employer who fails to comply with this section is subject
to a civil penalty of fifty dollars ($50), to be assessed and collected
by the board. Civil penalties collected under this section shall be
deposited in the state general fund. As added by P.L.170-1991, SEC.2.
IC 22-3-2
Chapter 2. Worker's Compensation: Application, Rights, and
Remedies
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 stated
in IC 22-3-2 through IC 22-3-6, shall comply with the provisions of
IC 22-3-2 through IC 22-3-6 respectively to pay and accept
compensation for personal injury or death by accident arising out of
and in the course of the employment, and shall be bound thereby.
The burden of proof is on the employee. The proof by the employee
of an element of a claim does not create a presumption in favor of the
employee with regard to another element of the claim.
(b) IC 22-3-2 through IC 22-3-6 does not apply to railroad
employees 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 assigned
thereto.
(c) IC 22-3-2 through IC 22-3-6 does not apply to employees of
municipal corporations in Indiana who are members of:
(1) the fire department or police department of any such
municipality; and
(2) a firefighters' pension fund or of a police officers' pension
fund.
However, if the common council elects to purchase and procure
worker's compensation insurance to insure said employees with
respect to medical benefits under IC 22-3-2 through IC 22-3-6, the
medical provisions of IC 22-3-2 through IC 22-3-6 apply to members
of the fire department or police department of any such municipal
corporation who are also members of a firefighters' pension fund or
a 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 contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
(2) A nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(e) When any municipal corporation purchases or procures
worker's compensation insurance covering members of the fire
department or police department who are also members of a
firefighters' pension fund or a police officers' pension fund, and pays
the premium or premiums for such insurance, the payment of such
premiums is a legal and allowable expenditure of funds of any
municipal corporation.
(f) Except as provided in subsection (g), where the common
council has procured worker's compensation insurance under this
section, any member of such fire department or police department
employed in the city carrying such worker's compensation insurance
under 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 such
services are provided for in the worker's compensation policy
procured by such city, and shall not also recover in addition to that
policy for such same benefits provided in IC 36-8-4.
(g) If the medical benefits provided under a worker's
compensation policy procured by the common council terminate for
any reason before the police officer or firefighter is fully recovered,
the common council shall provide medical benefits that are necessary
until the police officer or firefighter is no longer in need of medical
care.
(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" means
a volunteer:
(1) whose name has been entered on a roster of volunteers for
a 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 in
IC 36-8-12-2) or an inmate assigned to a correctional facility
operated 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 treatment
provisions of the worker's compensation law (IC 22-3-2 through
IC 22-3-6) and the worker's occupational disease law (IC 22-3-7). If
compensability of an injury is an issue, the administrative procedures
of IC 22-3-2 through IC 22-3-7 apply as appropriate.
(d) All expenses incurred for premiums of the insurance allowed
or other charges or expenses under this section shall be paid out of
the unit's general fund in the same manner as other expenses of the
unit 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 a
person 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 of
any nature; and
(2) has been approved and accepted as a volunteer worker by
the 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 a
state institution (as defined in IC 12-7-2-184) are governmental
services. A volunteer worker is subject to the medical benefits
described under this chapter through IC 22-3-6. However, a volunteer
worker 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 the
federal 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 student
is entitled to the following compensation and benefits under this
article:
(1) Medical benefits under IC 22-3-2 through IC 22-3-6.
(2) Permanent partial impairment compensation under
IC 22-3-3-10. Permanent partial impairment compensation for
a school to work student shall be paid in a lump sum upon
agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred
seventy-five thousand dollars ($175,000), payable upon
agreement or final award to any dependents of the student
under IC 22-3-3-18 through IC 22-3-3-20, or, if the student
has 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 is
presumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this article:
(1) Temporary total disability compensation under IC 22-3-3-8.
(2) Temporary partial disability compensation under
IC 22-3-3-9.
(e) Except for remedies available under IC 5-2-6.1, recovery
under 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, at
common law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of and
in 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 and
employee covered by IC 22-3-2 through IC 22-3-6, written or
implied, in operation on May 21, 1929, or made or implied prior to
May 21, 1929, shall, after May 21, 1929, be presumed to continue;
and every such contract made subsequent to May 21, 1929, shall be
presumed to have been made subject to the provisions of IC 22-3-2
through IC 22-3-6 unless either party, except as provided in section
15 of this chapter, shall give notice, as provided in section 9 of this
chapter, to the other party to such contract that the provisions of
IC 22-3-2 through IC 22-3-6 (other than IC 22-3-4-13) are not
intended to apply.
(b) A like presumption shall exist equally in the case of all minors
unless notice of the same character be given by or to the parent or
guardian 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 without
insurance; state self-insurance program
Sec. 5. (a) Every employer who is bound by the compensation
provisions of IC 22-3-2 through IC 22-3-6, except the state, counties,
townships, cities, towns, school cities, school towns, school
townships, other municipal corporations, state institutions, state
boards, state commissions, banks, trust companies, and building and
loan associations, shall insure the payment of compensation to the
employer's employees and their dependents in the manner provided
in IC 22-3-3, or procure from the worker's compensation board a
certificate authorizing the employer to carry such risk without
insurance. While such insurance or such certificate remains in force,
the employer or those conducting the employer's business and the
employer's worker's compensation insurance carrier shall be liable to
any employee and the employee's dependents for personal injury or
death by accident arising out of and in the course of employment
only to the extent and in the manner specified in IC 22-3-2 through
IC 22-3-6.
(b) The state may not purchase worker's compensation insurance.
The state may establish a program of self-insurance to cover its
liability under this article. The state may administer its program of
self-insurance or may contract with any private agency, business
firm, limited liability company, or corporation to administer any part
of the program. The state department of insurance may, in the
manner prescribed by IC 4-22-2, adopt the rules necessary to
implement 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 to
IC 22-3-2 through IC 22-3-6 on account of personal injury or death
by accident shall exclude all other rights and remedies of such
employee, the employee's personal representatives, dependents, or
next of kin, at common law or otherwise, on account of such injury
or 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 construed
to relieve any employer or employee from penalty for failure or
neglect 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 to
the employee's knowingly self-inflicted injury, his intoxication, his
commission of an offense, his knowing failure to use a safety
appliance, his knowing failure to obey a reasonable written or printed
rule of the employer which has been posted in a conspicuous position
in the place of work, or his knowing failure to perform any statutory
duty. 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 contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
IC 22-3-2 through IC 22-3-6 do not apply to the employers or
contractors of the persons listed in this subsection.
(b) An employer who is exempt under this section from the
operation of the compensation provisions of this chapter may at any
time waive such exemption and thereby accept the provisions of this
chapter by giving notice as provided in subsection (c).
(c) The notice of acceptance referred to in subsection (b) shall be
given thirty (30) days prior to any accident resulting in injury or
death, provided that if any such injury occurred less than thirty (30)
days after the date of employment, notice of acceptance given at the
time of employment shall be sufficient notice thereof. The notice
shall be in writing or print in a substantial form prescribed by the
worker's compensation board and shall be given by the employer by
posting the same in a conspicuous place in the plant, shop, office,
room, or place where the employee is employed, or by serving it
personally upon the employee; and shall be given by the employee
by sending the same in registered letter addressed to the employer at
the employer's last known residence or place of business, or by
giving it personally to the employer, or any of the employer's agents
upon whom a summons in civil actions may be served under the laws
of the state.
(d) A copy of the notice in prescribed form shall also be filed with
the worker's compensation board, within five (5) days after its
service 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 is
payable under chapters 2 through 6 of this article shall have been
sustained under circumstances creating in some other person than the
employer and not in the same employ a legal liability to pay damages
in respect thereto, the injured employee, or his dependents, in case
of death, may commence legal proceedings against the other person
to recover damages notwithstanding the employer's or the employer's
compensation insurance carrier's payment of or liability to pay
compensation under chapters 2 through 6 of this article. In that case,
however, if the action against the other person is brought by the
injured employee or his dependents and judgment is obtained and
paid, and accepted or settlement is made with the other person, either
with or without suit, then from the amount received by the employee
or dependents there shall be paid to the employer or the employer's
compensation insurance carrier, subject to its paying its pro-rata
share of the reasonable and necessary costs and expenses of asserting
the third party claim, the amount of compensation paid to the
employee or dependents, plus the medical, surgical, hospital and
nurses' services and supplies and burial expenses paid by the
employer or the employer's compensation insurance carrier and the
liability of the employer or the employer's compensation insurance
carrier to pay further compensation or other expenses shall thereupon
terminate, whether or not one (1) or all of the dependents are entitled
to share in the proceeds of the settlement or recovery and whether or
not one (1) or all of the dependents could have maintained the action
or claim for wrongful death.
In the event the injured employee or his dependents, not having
received compensation or medical, surgical, hospital or nurses'
services and supplies or death benefits from the employer or the
employer's compensation insurance carrier, shall procure a judgment
against the other party for injury or death, which judgment is paid,
or if settlement is made with the other person either with or without
suit, then the employer or the employer's compensation insurance
carrier shall have no liability for payment of compensation or for
payment of medical, surgical, hospital or nurses' services and
supplies or death benefits whatsoever, whether or not one (1) or all
of the dependents are entitled to share in the proceeds of settlement
or recovery and whether or not one (1) or all of the dependents could
have maintained the action or claim for wrongful death.
In the event any injured employee, or in the event of his death, his
dependents, shall procure a final judgment against the other person
other than by agreement, and the judgment is for a lesser sum than
the amount for which the employer or the employer's compensation
insurance carrier is liable for compensation and for medical, surgical,
hospital and nurses' services and supplies, as of the date the judgment
becomes final, then the employee, or in the event of his death, his
dependents, shall have the option of either collecting the judgment
and repaying the employer or the employer's compensation insurance
carrier for compensation previously drawn, if any, and repaying the
employer or the employer's compensation insurance carrier for
medical, surgical, hospital and nurses' services and supplies
previously paid, if any, and of repaying the employer or the
employer's compensation insurance carrier the burial benefits paid,
if any, or of assigning all rights under the judgment to the employer
or the employer's compensation insurance carrier and thereafter
receiving all compensation and medical, surgical, hospital and
nurses' services and supplies, to which the employee or in the event
of his death, which his dependents would be entitled if there had
been no action brought against the other party.
If the injured employee or his dependents shall agree to receive
compensation from the employer or the employer's compensation
insurance carrier or to accept from the employer or the employer's
compensation insurance carrier, by loan or otherwise, any payment
on account of the compensation, or institute proceedings to recover
the same, the employer or the employer's compensation insurance
carrier shall have a lien upon any settlement award, judgment or fund
out of which the employee might be compensated from the third
party.
The employee, or in the event of his death, his dependents, shall
institute legal proceedings against the other person for damages,
within two (2) years after the cause of action accrues. If, after the
proceeding is commenced, it is dismissed, the employer or the
employer's compensation insurance carrier, having paid
compensation or having become liable therefor, may collect in their
own name, or in the name of the injured employee, or, in case of
death, in the name of his dependents, from the other person in whom
legal liability for damages exists, the compensation paid or payable
to the injured employee, or his dependents, plus medical, surgical,
hospital and nurses' services and supplies, and burial expenses paid
by the employer or the employer's compensation insurance carrier or
for which they have become liable. The employer or the employer's
compensation insurance carrier may commence an action at law for
collection against the other person in whom legal liability for
damages exists, not later than one (1) year from the date the action
so commenced has been dismissed, notwithstanding the provisions
of any statute of limitations to the contrary.
If the employee, or, in the event of his death, his dependents, shall
fail to institute legal proceedings against the other person for
damages within two (2) years after the cause of action accrues, the
employer or the employer's compensation insurance carrier, having
paid compensation, or having been liable therefor, may collect in
their own name or in the name of the injured employee, or in the case
of his death, in the name of his dependents, from the other person in
whom legal liability for damage exists, the compensation paid or
payable to the injured employee, or to his dependents, plus the
medical, surgical, hospital and nurses' services and supplies, and
burial 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 other
person in whom legal liability exists, at any time within one (1) year
from the date of the expiration of the two (2) years when the action
accrued to the injured employee, or, in the event of his death, to his
dependents, notwithstanding the provisions of any statute of
limitations to the contrary.
In actions brought by the employee or his dependents, he or they
shall, within thirty (30) days after the action is filed, notify the
employer or the employer's compensation insurance carrier by
personal service or registered mail, of the action and the name of the
court in which such suit is brought, filing proof thereof in the action.
The employer or the employer's compensation insurance carrier
shall pay its pro rata share of all costs and reasonably necessary
expenses in connection with asserting the third party claim, action or
suit, including but not limited to cost of depositions and witness fees,
and to the attorney at law selected by the employee or his
dependents, a fee of twenty-five per cent (25%), if collected without
suit, of the amount of benefits actually repaid after the expenses and
costs in connection with the third party claim have been deducted
therefrom, 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 after
deduction of costs and reasonably necessary expenses in connection
with the third party claim action or suit. The employer may, within
ninety (90) days after receipt of notice of suit from the employee or
his dependents, join in the action upon his motion so that all orders
of court after hearing and judgment shall be made for his protection.
An employer or his compensation insurance carrier may waive its
right to reimbursement under this section and, as a result of the
waiver, not have to pay the pro-rata share of costs and expenses.
No release or settlement of claim for damages by reason of injury
or death, and no satisfaction of judgment in the proceedings, shall be
valid without the written consent of both employer or the employer's
compensation insurance carrier and employee or his dependents,
except in the case of the employer or the employer's compensation
insurance carrier, consent shall not be required where the employer
or the employer's compensation insurance carrier has been fully
indemnified 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 the
owner's owner occupied residential property; or
(2) a nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(b) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership,
or person, contracting for the performance of any work exceeding
one thousand dollars ($1,000) in value by a contractor subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6, without
exacting from such contractor a certificate from the worker's
compensation board showing that such contractor has complied with
section 5 of this chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable
to the same extent as the contractor for compensation, physician's
fees, hospital fees, nurse's charges, and burial expenses on account
of the injury or death of any employee of such contractor, due to an
accident arising out of and in the course of the performance of the
work covered by such contract.
(c) Any contractor who shall sublet any contract for the
performance of any work, to a subcontractor subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6, without
obtaining a certificate from the worker's compensation board
showing that such subcontractor has complied with section 5 of this
chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable to the same
extent as such subcontractor for the payment of compensation,
physician's fees, hospital fees, nurse's charges, and burial expenses
on account of the injury or death of any employee of such
subcontractor due to an accident arising out of and in the course of
the performance of the work covered by such subcontract.
(d) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership,
person, or contractor paying compensation, physician's fees, hospital
fees, nurse's charges, or burial expenses under this section may
recover the amount paid or to be paid from any person who,
independently of such provisions, would have been liable for the
payment thereof and may, in addition, recover the litigation expenses
and attorney's fees incurred in the action before the worker's
compensation board as well as the litigation expenses and attorney's
fees incurred in an action to collect the compensation, medical
expenses, and burial expenses.
(e) Every claim filed with the worker's compensation board under
this 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, beginning
with the immediate employer, and, in an award under subsection (c),
shall determine whether the subcontractor has the financial ability to
pay the compensation and medical expenses when due and, if not,
shall order the contractor to pay the compensation and medical
expenses. (Formerly: Acts 1929, c.172, s.14; Acts 1947, c.162, s.1.) As
amended 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 compensation
provisions; 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, a
proprietorship, a partnership, a joint venture, a firm, an association,
a corporation, or other legal entity.
(c) An independent contractor who does not make an election
under IC 22-3-6-1(b)(4) or IC 22-3-6-1(b)(5) is not subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6 and must
file a statement with the department of state revenue in accordance
with IC 6-3-7-5 and obtain a certificate of exemption.
(d) Together with the statement required in subsection (c), an
independent contractor shall file annually with the department
documentation in support of independent contractor status before
being granted a certificate of exemption. The independent contractor
must obtain clearance from the department of state revenue before
issuance of the certificate.
(e) An independent contractor shall pay a filing fee in the amount
of fifteen dollars ($15) with the certificate filed under subsection (g).
The fees collected under this subsection shall be deposited in the
worker's compensation supplemental administrative fund and shall
be used for all expenses the board incurs.
(f) The worker's compensation board shall maintain a data base
consisting of certificates received under this section and on request
may verify that a certificate was filed.
(g) A certificate of exemption must be filed with the worker's
compensation board. The board shall indicate that the certificate has
been filed by stamping the certificate with the date of receipt and
returning a stamped copy to the person filing the certificate. A
certificate becomes effective as of midnight seven (7) business days
after the date file stamped by the worker's compensation board. The
board shall maintain a data base containing the information required
in subsections (d) and (f).
(h) A person who contracts for services of another person not
covered by IC 22-3-2 through IC 22-3-6 to perform work must secure
a copy of a stamped certificate of exemption filed under this section
from the person hired. A person may not require a person who has
provided a stamped certificate to have worker's compensation
coverage. The worker's compensation insurance carrier of a person
who contracts with an independent contractor shall accept a stamped
certificate in the same manner as a certificate of insurance.
(i) A stamped certificate filed under this section is binding on and
holds harmless from all claims:
(1) a person who contracts with an independent contractor after
receiving a copy of the stamped certificate; and
(2) the worker's compensation insurance carrier of the person
who 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 the
person's worker's compensation carrier to whom the independent
contractor 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 of
obligations; voluntary settlement agreements; minors; approval;
effect
Sec. 15. (a) No contract, agreement (written or implied), rule, or
other device shall, in any manner, operate to relieve any employer in
whole or in part of any obligation created by IC 22-3-2 through
IC 22-3-6. However, nothing in IC 22-3-2 through IC 22-3-6 shall be
construed as preventing the parties to claims under IC 22-3-2 through
IC 22-3-6 from entering into voluntary agreements in settlement
thereof, but no agreement by an employee or his dependents to waive
his rights under IC 22-3-2 through IC 22-3-6 shall be valid nor shall
any agreement of settlement or compromise of any dispute or claim
for compensation under IC 22-3-2 through IC 22-3-6 be valid until
approved by a member of the board, nor shall a member of the
worker's compensation board approve any settlement which is not in
accordance with the rights of the parties as given in IC 22-3-2
through IC 22-3-6. No such agreement shall be valid unless made
after seven (7) days from the date of the injury or death.
(b) A compromise settlement approved by a member of the
worker's compensation board during the employee's lifetime shall
extinguish and bar all claims for compensation for the employee's
death if the settlement compromises a dispute on any question or
issue other than the extent of disability or the rate of compensation.
(c) A minor dependent, by parent or legal guardian, may
compromise disputes and may enter into a compromise settlement
agreement, and upon approval by a member of the worker's
compensation board, the settlement agreement shall have the same
force and effect as though the minor had been an adult. The payment
of compensation by the employer in accordance with the settlement
agreement 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 through
IC 22-3-6 shall have the same preference or priority for the whole
thereof against the assets of the employer as is allowed by law for
any 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; child
support income withholding
Sec. 17. (a) Except as provided in subsection (b), no claims for
compensation under IC 22-3-2 through IC 22-3-6 shall be assignable,
and all compensation and claims therefor shall be exempt from all
claims of creditors.
(b) Compensation awards under IC 22-3-2 through IC 22-3-6 are
subject to child support income withholding under IC 31-16-15 and
other remedies available for the enforcement of a child support order.
The maximum amount that may be withheld under this subsection is
one-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 shall
apply to the state, to all political divisions thereof, to all municipal
corporations within the state, to persons, partnerships, limited
liability companies, and corporations engaged in mining coal, and to
the employees thereof, without any right of exemption from the
compensation provisions of IC 22-3-2 through IC 22-3-6, except as
provided in section 15 of this chapter. (Formerly: Acts 1929, c.172, s.18; Acts 1943, c.136, s.2.) As
amended 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 employees
and employers engaged in interstate or foreign commerce wherein
the laws of the United States provide for compensation or for
liability for injury or death by accident to such employees. (Formerly: Acts 1929, c.172, s.19; Acts 1963, c.387, s.4.) As
amended 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 through
IC 22-3-6 shall be bound by the provisions of IC 22-3-2 through
IC 22-3-6 whether injury by accident or death resulting from such
injury occurs within the state or in some other state or in a foreign
country. (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 not
apply 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 22-3-6
shall post a notice in the employer's place of business to inform the
employees that their employment is covered by worker's
compensation. The notice must also contain the name, address, and
telephone number of the employer's insurance carrier or the person
responsible for administering the employer's worker's compensation
claims if the employer is self insured.
(b) The notice required under this section must be in a form
approved by the board and shall be posted at a conspicuous location
at the employer's place of business to provide reasonable notice to all
employees. If the employer is required by federal law or regulation
to post a notice for the employer's employees, the notice required
under this section must be posted in the same location or locations
where the notice required by federal law or regulation is posted.
(c) An employer who fails to comply with this section is subject
to a civil penalty of fifty dollars ($50), to be assessed and collected
by the board. Civil penalties collected under this section shall be
deposited in the state general fund. As added by P.L.170-1991, SEC.2.
IC 22-3-2
Chapter 2. Worker's Compensation: Application, Rights, and
Remedies
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 stated
in IC 22-3-2 through IC 22-3-6, shall comply with the provisions of
IC 22-3-2 through IC 22-3-6 respectively to pay and accept
compensation for personal injury or death by accident arising out of
and in the course of the employment, and shall be bound thereby.
The burden of proof is on the employee. The proof by the employee
of an element of a claim does not create a presumption in favor of the
employee with regard to another element of the claim.
(b) IC 22-3-2 through IC 22-3-6 does not apply to railroad
employees 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 assigned
thereto.
(c) IC 22-3-2 through IC 22-3-6 does not apply to employees of
municipal corporations in Indiana who are members of:
(1) the fire department or police department of any such
municipality; and
(2) a firefighters' pension fund or of a police officers' pension
fund.
However, if the common council elects to purchase and procure
worker's compensation insurance to insure said employees with
respect to medical benefits under IC 22-3-2 through IC 22-3-6, the
medical provisions of IC 22-3-2 through IC 22-3-6 apply to members
of the fire department or police department of any such municipal
corporation who are also members of a firefighters' pension fund or
a 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 contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
(2) A nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(e) When any municipal corporation purchases or procures
worker's compensation insurance covering members of the fire
department or police department who are also members of a
firefighters' pension fund or a police officers' pension fund, and pays
the premium or premiums for such insurance, the payment of such
premiums is a legal and allowable expenditure of funds of any
municipal corporation.
(f) Except as provided in subsection (g), where the common
council has procured worker's compensation insurance under this
section, any member of such fire department or police department
employed in the city carrying such worker's compensation insurance
under 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 such
services are provided for in the worker's compensation policy
procured by such city, and shall not also recover in addition to that
policy for such same benefits provided in IC 36-8-4.
(g) If the medical benefits provided under a worker's
compensation policy procured by the common council terminate for
any reason before the police officer or firefighter is fully recovered,
the common council shall provide medical benefits that are necessary
until the police officer or firefighter is no longer in need of medical
care.
(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" means
a volunteer:
(1) whose name has been entered on a roster of volunteers for
a 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 in
IC 36-8-12-2) or an inmate assigned to a correctional facility
operated 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 treatment
provisions of the worker's compensation law (IC 22-3-2 through
IC 22-3-6) and the worker's occupational disease law (IC 22-3-7). If
compensability of an injury is an issue, the administrative procedures
of IC 22-3-2 through IC 22-3-7 apply as appropriate.
(d) All expenses incurred for premiums of the insurance allowed
or other charges or expenses under this section shall be paid out of
the unit's general fund in the same manner as other expenses of the
unit 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 a
person 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 of
any nature; and
(2) has been approved and accepted as a volunteer worker by
the 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 a
state institution (as defined in IC 12-7-2-184) are governmental
services. A volunteer worker is subject to the medical benefits
described under this chapter through IC 22-3-6. However, a volunteer
worker 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 the
federal 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 student
is entitled to the following compensation and benefits under this
article:
(1) Medical benefits under IC 22-3-2 through IC 22-3-6.
(2) Permanent partial impairment compensation under
IC 22-3-3-10. Permanent partial impairment compensation for
a school to work student shall be paid in a lump sum upon
agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred
seventy-five thousand dollars ($175,000), payable upon
agreement or final award to any dependents of the student
under IC 22-3-3-18 through IC 22-3-3-20, or, if the student
has 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 is
presumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this article:
(1) Temporary total disability compensation under IC 22-3-3-8.
(2) Temporary partial disability compensation under
IC 22-3-3-9.
(e) Except for remedies available under IC 5-2-6.1, recovery
under 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, at
common law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of and
in 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 and
employee covered by IC 22-3-2 through IC 22-3-6, written or
implied, in operation on May 21, 1929, or made or implied prior to
May 21, 1929, shall, after May 21, 1929, be presumed to continue;
and every such contract made subsequent to May 21, 1929, shall be
presumed to have been made subject to the provisions of IC 22-3-2
through IC 22-3-6 unless either party, except as provided in section
15 of this chapter, shall give notice, as provided in section 9 of this
chapter, to the other party to such contract that the provisions of
IC 22-3-2 through IC 22-3-6 (other than IC 22-3-4-13) are not
intended to apply.
(b) A like presumption shall exist equally in the case of all minors
unless notice of the same character be given by or to the parent or
guardian 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 without
insurance; state self-insurance program
Sec. 5. (a) Every employer who is bound by the compensation
provisions of IC 22-3-2 through IC 22-3-6, except the state, counties,
townships, cities, towns, school cities, school towns, school
townships, other municipal corporations, state institutions, state
boards, state commissions, banks, trust companies, and building and
loan associations, shall insure the payment of compensation to the
employer's employees and their dependents in the manner provided
in IC 22-3-3, or procure from the worker's compensation board a
certificate authorizing the employer to carry such risk without
insurance. While such insurance or such certificate remains in force,
the employer or those conducting the employer's business and the
employer's worker's compensation insurance carrier shall be liable to
any employee and the employee's dependents for personal injury or
death by accident arising out of and in the course of employment
only to the extent and in the manner specified in IC 22-3-2 through
IC 22-3-6.
(b) The state may not purchase worker's compensation insurance.
The state may establish a program of self-insurance to cover its
liability under this article. The state may administer its program of
self-insurance or may contract with any private agency, business
firm, limited liability company, or corporation to administer any part
of the program. The state department of insurance may, in the
manner prescribed by IC 4-22-2, adopt the rules necessary to
implement 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 to
IC 22-3-2 through IC 22-3-6 on account of personal injury or death
by accident shall exclude all other rights and remedies of such
employee, the employee's personal representatives, dependents, or
next of kin, at common law or otherwise, on account of such injury
or 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 construed
to relieve any employer or employee from penalty for failure or
neglect 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 to
the employee's knowingly self-inflicted injury, his intoxication, his
commission of an offense, his knowing failure to use a safety
appliance, his knowing failure to obey a reasonable written or printed
rule of the employer which has been posted in a conspicuous position
in the place of work, or his knowing failure to perform any statutory
duty. 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 contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
IC 22-3-2 through IC 22-3-6 do not apply to the employers or
contractors of the persons listed in this subsection.
(b) An employer who is exempt under this section from the
operation of the compensation provisions of this chapter may at any
time waive such exemption and thereby accept the provisions of this
chapter by giving notice as provided in subsection (c).
(c) The notice of acceptance referred to in subsection (b) shall be
given thirty (30) days prior to any accident resulting in injury or
death, provided that if any such injury occurred less than thirty (30)
days after the date of employment, notice of acceptance given at the
time of employment shall be sufficient notice thereof. The notice
shall be in writing or print in a substantial form prescribed by the
worker's compensation board and shall be given by the employer by
posting the same in a conspicuous place in the plant, shop, office,
room, or place where the employee is employed, or by serving it
personally upon the employee; and shall be given by the employee
by sending the same in registered letter addressed to the employer at
the employer's last known residence or place of business, or by
giving it personally to the employer, or any of the employer's agents
upon whom a summons in civil actions may be served under the laws
of the state.
(d) A copy of the notice in prescribed form shall also be filed with
the worker's compensation board, within five (5) days after its
service 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 is
payable under chapters 2 through 6 of this article shall have been
sustained under circumstances creating in some other person than the
employer and not in the same employ a legal liability to pay damages
in respect thereto, the injured employee, or his dependents, in case
of death, may commence legal proceedings against the other person
to recover damages notwithstanding the employer's or the employer's
compensation insurance carrier's payment of or liability to pay
compensation under chapters 2 through 6 of this article. In that case,
however, if the action against the other person is brought by the
injured employee or his dependents and judgment is obtained and
paid, and accepted or settlement is made with the other person, either
with or without suit, then from the amount received by the employee
or dependents there shall be paid to the employer or the employer's
compensation insurance carrier, subject to its paying its pro-rata
share of the reasonable and necessary costs and expenses of asserting
the third party claim, the amount of compensation paid to the
employee or dependents, plus the medical, surgical, hospital and
nurses' services and supplies and burial expenses paid by the
employer or the employer's compensation insurance carrier and the
liability of the employer or the employer's compensation insurance
carrier to pay further compensation or other expenses shall thereupon
terminate, whether or not one (1) or all of the dependents are entitled
to share in the proceeds of the settlement or recovery and whether or
not one (1) or all of the dependents could have maintained the action
or claim for wrongful death.
In the event the injured employee or his dependents, not having
received compensation or medical, surgical, hospital or nurses'
services and supplies or death benefits from the employer or the
employer's compensation insurance carrier, shall procure a judgment
against the other party for injury or death, which judgment is paid,
or if settlement is made with the other person either with or without
suit, then the employer or the employer's compensation insurance
carrier shall have no liability for payment of compensation or for
payment of medical, surgical, hospital or nurses' services and
supplies or death benefits whatsoever, whether or not one (1) or all
of the dependents are entitled to share in the proceeds of settlement
or recovery and whether or not one (1) or all of the dependents could
have maintained the action or claim for wrongful death.
In the event any injured employee, or in the event of his death, his
dependents, shall procure a final judgment against the other person
other than by agreement, and the judgment is for a lesser sum than
the amount for which the employer or the employer's compensation
insurance carrier is liable for compensation and for medical, surgical,
hospital and nurses' services and supplies, as of the date the judgment
becomes final, then the employee, or in the event of his death, his
dependents, shall have the option of either collecting the judgment
and repaying the employer or the employer's compensation insurance
carrier for compensation previously drawn, if any, and repaying the
employer or the employer's compensation insurance carrier for
medical, surgical, hospital and nurses' services and supplies
previously paid, if any, and of repaying the employer or the
employer's compensation insurance carrier the burial benefits paid,
if any, or of assigning all rights under the judgment to the employer
or the employer's compensation insurance carrier and thereafter
receiving all compensation and medical, surgical, hospital and
nurses' services and supplies, to which the employee or in the event
of his death, which his dependents would be entitled if there had
been no action brought against the other party.
If the injured employee or his dependents shall agree to receive
compensation from the employer or the employer's compensation
insurance carrier or to accept from the employer or the employer's
compensation insurance carrier, by loan or otherwise, any payment
on account of the compensation, or institute proceedings to recover
the same, the employer or the employer's compensation insurance
carrier shall have a lien upon any settlement award, judgment or fund
out of which the employee might be compensated from the third
party.
The employee, or in the event of his death, his dependents, shall
institute legal proceedings against the other person for damages,
within two (2) years after the cause of action accrues. If, after the
proceeding is commenced, it is dismissed, the employer or the
employer's compensation insurance carrier, having paid
compensation or having become liable therefor, may collect in their
own name, or in the name of the injured employee, or, in case of
death, in the name of his dependents, from the other person in whom
legal liability for damages exists, the compensation paid or payable
to the injured employee, or his dependents, plus medical, surgical,
hospital and nurses' services and supplies, and burial expenses paid
by the employer or the employer's compensation insurance carrier or
for which they have become liable. The employer or the employer's
compensation insurance carrier may commence an action at law for
collection against the other person in whom legal liability for
damages exists, not later than one (1) year from the date the action
so commenced has been dismissed, notwithstanding the provisions
of any statute of limitations to the contrary.
If the employee, or, in the event of his death, his dependents, shall
fail to institute legal proceedings against the other person for
damages within two (2) years after the cause of action accrues, the
employer or the employer's compensation insurance carrier, having
paid compensation, or having been liable therefor, may collect in
their own name or in the name of the injured employee, or in the case
of his death, in the name of his dependents, from the other person in
whom legal liability for damage exists, the compensation paid or
payable to the injured employee, or to his dependents, plus the
medical, surgical, hospital and nurses' services and supplies, and
burial 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 other
person in whom legal liability exists, at any time within one (1) year
from the date of the expiration of the two (2) years when the action
accrued to the injured employee, or, in the event of his death, to his
dependents, notwithstanding the provisions of any statute of
limitations to the contrary.
In actions brought by the employee or his dependents, he or they
shall, within thirty (30) days after the action is filed, notify the
employer or the employer's compensation insurance carrier by
personal service or registered mail, of the action and the name of the
court in which such suit is brought, filing proof thereof in the action.
The employer or the employer's compensation insurance carrier
shall pay its pro rata share of all costs and reasonably necessary
expenses in connection with asserting the third party claim, action or
suit, including but not limited to cost of depositions and witness fees,
and to the attorney at law selected by the employee or his
dependents, a fee of twenty-five per cent (25%), if collected without
suit, of the amount of benefits actually repaid after the expenses and
costs in connection with the third party claim have been deducted
therefrom, 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 after
deduction of costs and reasonably necessary expenses in connection
with the third party claim action or suit. The employer may, within
ninety (90) days after receipt of notice of suit from the employee or
his dependents, join in the action upon his motion so that all orders
of court after hearing and judgment shall be made for his protection.
An employer or his compensation insurance carrier may waive its
right to reimbursement under this section and, as a result of the
waiver, not have to pay the pro-rata share of costs and expenses.
No release or settlement of claim for damages by reason of injury
or death, and no satisfaction of judgment in the proceedings, shall be
valid without the written consent of both employer or the employer's
compensation insurance carrier and employee or his dependents,
except in the case of the employer or the employer's compensation
insurance carrier, consent shall not be required where the employer
or the employer's compensation insurance carrier has been fully
indemnified 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 the
owner's owner occupied residential property; or
(2) a nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(b) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership,
or person, contracting for the performance of any work exceeding
one thousand dollars ($1,000) in value by a contractor subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6, without
exacting from such contractor a certificate from the worker's
compensation board showing that such contractor has complied with
section 5 of this chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable
to the same extent as the contractor for compensation, physician's
fees, hospital fees, nurse's charges, and burial expenses on account
of the injury or death of any employee of such contractor, due to an
accident arising out of and in the course of the performance of the
work covered by such contract.
(c) Any contractor who shall sublet any contract for the
performance of any work, to a subcontractor subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6, without
obtaining a certificate from the worker's compensation board
showing that such subcontractor has complied with section 5 of this
chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable to the same
extent as such subcontractor for the payment of compensation,
physician's fees, hospital fees, nurse's charges, and burial expenses
on account of the injury or death of any employee of such
subcontractor due to an accident arising out of and in the course of
the performance of the work covered by such subcontract.
(d) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership,
person, or contractor paying compensation, physician's fees, hospital
fees, nurse's charges, or burial expenses under this section may
recover the amount paid or to be paid from any person who,
independently of such provisions, would have been liable for the
payment thereof and may, in addition, recover the litigation expenses
and attorney's fees incurred in the action before the worker's
compensation board as well as the litigation expenses and attorney's
fees incurred in an action to collect the compensation, medical
expenses, and burial expenses.
(e) Every claim filed with the worker's compensation board under
this 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, beginning
with the immediate employer, and, in an award under subsection (c),
shall determine whether the subcontractor has the financial ability to
pay the compensation and medical expenses when due and, if not,
shall order the contractor to pay the compensation and medical
expenses. (Formerly: Acts 1929, c.172, s.14; Acts 1947, c.162, s.1.) As
amended 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 compensation
provisions; 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, a
proprietorship, a partnership, a joint venture, a firm, an association,
a corporation, or other legal entity.
(c) An independent contractor who does not make an election
under IC 22-3-6-1(b)(4) or IC 22-3-6-1(b)(5) is not subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6 and must
file a statement with the department of state revenue in accordance
with IC 6-3-7-5 and obtain a certificate of exemption.
(d) Together with the statement required in subsection (c), an
independent contractor shall file annually with the department
documentation in support of independent contractor status before
being granted a certificate of exemption. The independent contractor
must obtain clearance from the department of state revenue before
issuance of the certificate.
(e) An independent contractor shall pay a filing fee in the amount
of fifteen dollars ($15) with the certificate filed under subsection (g).
The fees collected under this subsection shall be deposited in the
worker's compensation supplemental administrative fund and shall
be used for all expenses the board incurs.
(f) The worker's compensation board shall maintain a data base
consisting of certificates received under this section and on request
may verify that a certificate was filed.
(g) A certificate of exemption must be filed with the worker's
compensation board. The board shall indicate that the certificate has
been filed by stamping the certificate with the date of receipt and
returning a stamped copy to the person filing the certificate. A
certificate becomes effective as of midnight seven (7) business days
after the date file stamped by the worker's compensation board. The
board shall maintain a data base containing the information required
in subsections (d) and (f).
(h) A person who contracts for services of another person not
covered by IC 22-3-2 through IC 22-3-6 to perform work must secure
a copy of a stamped certificate of exemption filed under this section
from the person hired. A person may not require a person who has
provided a stamped certificate to have worker's compensation
coverage. The worker's compensation insurance carrier of a person
who contracts with an independent contractor shall accept a stamped
certificate in the same manner as a certificate of insurance.
(i) A stamped certificate filed under this section is binding on and
holds harmless from all claims:
(1) a person who contracts with an independent contractor after
receiving a copy of the stamped certificate; and
(2) the worker's compensation insurance carrier of the person
who 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 the
person's worker's compensation carrier to whom the independent
contractor 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 of
obligations; voluntary settlement agreements; minors; approval;
effect
Sec. 15. (a) No contract, agreement (written or implied), rule, or
other device shall, in any manner, operate to relieve any employer in
whole or in part of any obligation created by IC 22-3-2 through
IC 22-3-6. However, nothing in IC 22-3-2 through IC 22-3-6 shall be
construed as preventing the parties to claims under IC 22-3-2 through
IC 22-3-6 from entering into voluntary agreements in settlement
thereof, but no agreement by an employee or his dependents to waive
his rights under IC 22-3-2 through IC 22-3-6 shall be valid nor shall
any agreement of settlement or compromise of any dispute or claim
for compensation under IC 22-3-2 through IC 22-3-6 be valid until
approved by a member of the board, nor shall a member of the
worker's compensation board approve any settlement which is not in
accordance with the rights of the parties as given in IC 22-3-2
through IC 22-3-6. No such agreement shall be valid unless made
after seven (7) days from the date of the injury or death.
(b) A compromise settlement approved by a member of the
worker's compensation board during the employee's lifetime shall
extinguish and bar all claims for compensation for the employee's
death if the settlement compromises a dispute on any question or
issue other than the extent of disability or the rate of compensation.
(c) A minor dependent, by parent or legal guardian, may
compromise disputes and may enter into a compromise settlement
agreement, and upon approval by a member of the worker's
compensation board, the settlement agreement shall have the same
force and effect as though the minor had been an adult. The payment
of compensation by the employer in accordance with the settlement
agreement 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 through
IC 22-3-6 shall have the same preference or priority for the whole
thereof against the assets of the employer as is allowed by law for
any 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; child
support income withholding
Sec. 17. (a) Except as provided in subsection (b), no claims for
compensation under IC 22-3-2 through IC 22-3-6 shall be assignable,
and all compensation and claims therefor shall be exempt from all
claims of creditors.
(b) Compensation awards under IC 22-3-2 through IC 22-3-6 are
subject to child support income withholding under IC 31-16-15 and
other remedies available for the enforcement of a child support order.
The maximum amount that may be withheld under this subsection is
one-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 shall
apply to the state, to all political divisions thereof, to all municipal
corporations within the state, to persons, partnerships, limited
liability companies, and corporations engaged in mining coal, and to
the employees thereof, without any right of exemption from the
compensation provisions of IC 22-3-2 through IC 22-3-6, except as
provided in section 15 of this chapter. (Formerly: Acts 1929, c.172, s.18; Acts 1943, c.136, s.2.) As
amended 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 employees
and employers engaged in interstate or foreign commerce wherein
the laws of the United States provide for compensation or for
liability for injury or death by accident to such employees. (Formerly: Acts 1929, c.172, s.19; Acts 1963, c.387, s.4.) As
amended 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 through
IC 22-3-6 shall be bound by the provisions of IC 22-3-2 through
IC 22-3-6 whether injury by accident or death resulting from such
injury occurs within the state or in some other state or in a foreign
country. (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 not
apply 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 22-3-6
shall post a notice in the employer's place of business to inform the
employees that their employment is covered by worker's
compensation. The notice must also contain the name, address, and
telephone number of the employer's insurance carrier or the person
responsible for administering the employer's worker's compensation
claims if the employer is self insured.
(b) The notice required under this section must be in a form
approved by the board and shall be posted at a conspicuous location
at the employer's place of business to provide reasonable notice to all
employees. If the employer is required by federal law or regulation
to post a notice for the employer's employees, the notice required
under this section must be posted in the same location or locations
where the notice required by federal law or regulation is posted.
(c) An employer who fails to comply with this section is subject
to a civil penalty of fifty dollars ($50), to be assessed and collected
by the board. Civil penalties collected under this section shall be
deposited in the state general fund. As added by P.L.170-1991, SEC.2.
