IC 22-3-9-1 Personal injuries or death; damages
Sec. 1. Any person, firm, limited liability company, or corporation
while engaged in business, trade or commerce within this state, and
employing in such business, trade or commerce five (5) or more
persons shall be liable and respond in damages to any person
suffering injury while in the employ of such person, firm, limited
liability company, or corporation, or in case of the death of such
employee, then to his or her personal representative, for the benefit
of the surviving widow or husband and children of such employee;
and if none, then to such employee's parents; and if none, then to the
next of kin dependent upon such employee, where such injury or
death resulted in whole or in part from the negligence of such
employer or his, its or their agents, servants, employees or officers,
or by reason of any defect, mismanagement or insufficiency, due to
his, its or their carelessness, negligence, fault or omission of duty. (Formerly: Acts 1911, c.88, s.1.) As amended by P.L.8-1993,
SEC.285.
IC 22-3-9-2 Personal injuries or death; contributory negligence; burden of
proof
Sec. 2. In any action prosecuted under the provisions of this
chapter the burden of proving that such injured or killed employee
did not use due care and diligence at the time of such injury or death
shall be upon the defendant, but the same may be proved under the
general denial. No such employee who may have been injured or
killed shall be held to have been guilty of negligence or contributory
negligence by reason of the assumption of the risk thereof in any case
where the violation by the employer or his, its, or their agents or
employees of any ordinance or statute enacted, or of any rule,
regulation, or direction made by any public officer, bureau, or
commission, was the cause of the injury or death of such employee.
In actions brought against any employer under the provisions of this
chapter for the injury or death of any employee, it shall not be a
defense that the dangers or hazards inherent or apparent in the
employment in which such injured employee was engaged
contributed to such injury. No such injured employee shall be held
to have been guilty of negligence or contributory negligence where
the injury complained of resulted from such employee's obedience or
conformity to any order or direction of the employer or of any
employee to whose orders or directions he was under obligation to
conform or obey, although such order or direction was a deviation
from other rules, orders, or directions previously made by such
employer. (Formerly: Acts 1911, c.88, s.2.) As amended by P.L.144-1986,
SEC.77. IC 22-3-9-3 Personal injuries or death; assumption of risk; safe place to work;
defective tools
Sec. 3. In any action brought against any employer under or by
virtue of this chapter to recover damages for injuries or the death of
any of his, its, or their employees, such employee shall not be held
to have assumed the risks of the employment in any case where the
violation of such employer or his, its, or their agents or employees of
any ordinance or statute enacted, or of any rule, direction, or
regulation made by any public officer or commission, contributed to
the injury or death of such employee; nor shall such injured
employee be held to have assumed the risk of the employment where
the injury complained of resulted from his obedience to any order or
direction of the employer or of any employee to whose orders or
directions he was under obligations to conform or obey although
such order or direction was a deviation from other orders or
directions or rules previously made by such employer. In any action
brought against any employer under the provisions of this chapter to
recover damages for injury to or the death of any of his, its, or their
employees, such employee shall not be held to have assumed the risk
of any defect in the place of work furnished to such employee, or in
the tool, implement, or appliance furnished him by such employer,
where such defect was, prior to such injury, known to such employer,
or by the exercise of ordinary care might have been known to him in
time to have repaired the same or to have discontinued the use of
such defective working place, tool, implement, or appliance. The
burden of proving that such employer did not know of such defect or
that he was not chargeable with knowledge thereof in time to have
repaired the same or to have discontinued the use of such working
place, tool, implement, or appliance shall be on the defendant, but
the same may be proved under the general denial. (Formerly: Acts 1911, c.88, s.3.) As amended by P.L.144-1986,
SEC.78.
IC 22-3-9-4 Personal injuries or death; survival of actions
Sec. 4. The damages recoverable under this chapter shall be
commensurate with the injuries sustained, and in case death results
from such injury the action shall survive; provided, that where any
such injured person recovers a judgment under the provisions of this
chapter and an appeal is taken from such judgment, and pending such
appeal the injured person dies and said judgment be thereafter
reversed, or where such injured person dies after said judgment is
reversed and before trial, the right of action of such person shall
survive to his or her personal representative, and such action may be
continued in the name of such personal representative for the benefit
of the person entitled under this chapter to receive the same. (Formerly: Acts 1911, c.88, s.4.) As amended by P.L.144-1986,
SEC.79. IC 22-3-9-5 Contracts; rules and regulations; exemption from liability; setoff
Sec. 5. Any contract, rule, regulation, bylaw, or device
whatsoever, the purpose, intent, or effect of which would be to
enable any employer to exempt himself or itself from any liability
created by this chapter, shall to that extent be void; provided, that in
any action brought against any such employer under or by virtue of
any of the provisions of this chapter, such employer may set off
therein by special plea any sum such employer has contributed or
paid to any insurance, relief benefit, or indemnity for and on behalf
of such injured employee that may have been paid to him or to the
person entitled thereto on account of the injury or death for which
said action is brought, but in no event shall the amount of such setoff
exceed the amount paid to such employee or other person entitled
thereto out of such insurance, relief benefit, or indemnity fund. (Formerly: Acts 1911, c.88, s.5.) As amended by P.L.144-1986,
SEC.80.
IC 22-3-9-6 Wrongful death damages; amount
Sec. 6. Where any action is brought on account of the death of any
person under this chapter, the liability of any such employer shall not
exceed ten thousand dollars ($10,000), and the provisions of the law
in force as to parties plaintiff shall apply. (Formerly: Acts 1911, c.88, s.6.) As amended by P.L.144-1986,
SEC.81.
IC 22-3-9-7 Assumption of risk; negligence; contributory negligence; questions
of fact
Sec. 7. All questions of assumption of risk, negligence or
contributory negligence shall be questions of fact for the jury to
decide, unless the cause is being tried without a jury, in which case,
such questions shall be questions of fact for the court. (Formerly: Acts 1911, c.88, s.7.)
IC 22-3-9-8 Limitation of actions
Sec. 8. No action shall be maintained under this chapter unless the
same is commenced within two (2) years from the date the cause of
action accrued. (Formerly: Acts 1911, c.88, s.8.) As amended by P.L.144-1986,
SEC.82.
IC 22-3-9-9 Definitions
Sec. 9. The term "employer", "persons", "firm", "limited liability
company", and "corporation" shall include receivers or other persons
charged with the duty of managing, conducting or operating business,
trade or commerce.
(Formerly: Acts 1911, c.88, s.9.) As amended by P.L.8-1993,
SEC.286.
IC 22-3-9-10 Application of law
Sec. 10. This chapter shall not apply to injuries received by any
employee before March 2, 1911, nor affect any suit or legal
proceedings pending in any court on March 2, 1911. (Formerly: Acts 1911, c.88, s.10.) As amended by P.L.144-1986,
SEC.83.
IC 22-3-9-11 Supplemental remedies; common law rights
Sec. 11. This chapter shall be construed as supplemental to all
statutes in force on March 2, 1911, concerning employers and
employees and shall repeal only such statutes as are in direct conflict
with the provisions of this chapter. Nothing in this chapter shall be
held to limit the duty or liability of employers or to impair the rights
of their employees under the common law or any other statute
existing on March 2, 1911, or to affect the prosecution of any
proceeding or right of action pending on March 2, 1911. (Formerly: Acts 1911, c.88, s.11.) As amended by P.L.144-1986,
SEC.84.
IC 22-3-9-1 Personal injuries or death; damages
Sec. 1. Any person, firm, limited liability company, or corporation
while engaged in business, trade or commerce within this state, and
employing in such business, trade or commerce five (5) or more
persons shall be liable and respond in damages to any person
suffering injury while in the employ of such person, firm, limited
liability company, or corporation, or in case of the death of such
employee, then to his or her personal representative, for the benefit
of the surviving widow or husband and children of such employee;
and if none, then to such employee's parents; and if none, then to the
next of kin dependent upon such employee, where such injury or
death resulted in whole or in part from the negligence of such
employer or his, its or their agents, servants, employees or officers,
or by reason of any defect, mismanagement or insufficiency, due to
his, its or their carelessness, negligence, fault or omission of duty. (Formerly: Acts 1911, c.88, s.1.) As amended by P.L.8-1993,
SEC.285.
IC 22-3-9-2 Personal injuries or death; contributory negligence; burden of
proof
Sec. 2. In any action prosecuted under the provisions of this
chapter the burden of proving that such injured or killed employee
did not use due care and diligence at the time of such injury or death
shall be upon the defendant, but the same may be proved under the
general denial. No such employee who may have been injured or
killed shall be held to have been guilty of negligence or contributory
negligence by reason of the assumption of the risk thereof in any case
where the violation by the employer or his, its, or their agents or
employees of any ordinance or statute enacted, or of any rule,
regulation, or direction made by any public officer, bureau, or
commission, was the cause of the injury or death of such employee.
In actions brought against any employer under the provisions of this
chapter for the injury or death of any employee, it shall not be a
defense that the dangers or hazards inherent or apparent in the
employment in which such injured employee was engaged
contributed to such injury. No such injured employee shall be held
to have been guilty of negligence or contributory negligence where
the injury complained of resulted from such employee's obedience or
conformity to any order or direction of the employer or of any
employee to whose orders or directions he was under obligation to
conform or obey, although such order or direction was a deviation
from other rules, orders, or directions previously made by such
employer. (Formerly: Acts 1911, c.88, s.2.) As amended by P.L.144-1986,
SEC.77. IC 22-3-9-3 Personal injuries or death; assumption of risk; safe place to work;
defective tools
Sec. 3. In any action brought against any employer under or by
virtue of this chapter to recover damages for injuries or the death of
any of his, its, or their employees, such employee shall not be held
to have assumed the risks of the employment in any case where the
violation of such employer or his, its, or their agents or employees of
any ordinance or statute enacted, or of any rule, direction, or
regulation made by any public officer or commission, contributed to
the injury or death of such employee; nor shall such injured
employee be held to have assumed the risk of the employment where
the injury complained of resulted from his obedience to any order or
direction of the employer or of any employee to whose orders or
directions he was under obligations to conform or obey although
such order or direction was a deviation from other orders or
directions or rules previously made by such employer. In any action
brought against any employer under the provisions of this chapter to
recover damages for injury to or the death of any of his, its, or their
employees, such employee shall not be held to have assumed the risk
of any defect in the place of work furnished to such employee, or in
the tool, implement, or appliance furnished him by such employer,
where such defect was, prior to such injury, known to such employer,
or by the exercise of ordinary care might have been known to him in
time to have repaired the same or to have discontinued the use of
such defective working place, tool, implement, or appliance. The
burden of proving that such employer did not know of such defect or
that he was not chargeable with knowledge thereof in time to have
repaired the same or to have discontinued the use of such working
place, tool, implement, or appliance shall be on the defendant, but
the same may be proved under the general denial. (Formerly: Acts 1911, c.88, s.3.) As amended by P.L.144-1986,
SEC.78.
IC 22-3-9-4 Personal injuries or death; survival of actions
Sec. 4. The damages recoverable under this chapter shall be
commensurate with the injuries sustained, and in case death results
from such injury the action shall survive; provided, that where any
such injured person recovers a judgment under the provisions of this
chapter and an appeal is taken from such judgment, and pending such
appeal the injured person dies and said judgment be thereafter
reversed, or where such injured person dies after said judgment is
reversed and before trial, the right of action of such person shall
survive to his or her personal representative, and such action may be
continued in the name of such personal representative for the benefit
of the person entitled under this chapter to receive the same. (Formerly: Acts 1911, c.88, s.4.) As amended by P.L.144-1986,
SEC.79. IC 22-3-9-5 Contracts; rules and regulations; exemption from liability; setoff
Sec. 5. Any contract, rule, regulation, bylaw, or device
whatsoever, the purpose, intent, or effect of which would be to
enable any employer to exempt himself or itself from any liability
created by this chapter, shall to that extent be void; provided, that in
any action brought against any such employer under or by virtue of
any of the provisions of this chapter, such employer may set off
therein by special plea any sum such employer has contributed or
paid to any insurance, relief benefit, or indemnity for and on behalf
of such injured employee that may have been paid to him or to the
person entitled thereto on account of the injury or death for which
said action is brought, but in no event shall the amount of such setoff
exceed the amount paid to such employee or other person entitled
thereto out of such insurance, relief benefit, or indemnity fund. (Formerly: Acts 1911, c.88, s.5.) As amended by P.L.144-1986,
SEC.80.
IC 22-3-9-6 Wrongful death damages; amount
Sec. 6. Where any action is brought on account of the death of any
person under this chapter, the liability of any such employer shall not
exceed ten thousand dollars ($10,000), and the provisions of the law
in force as to parties plaintiff shall apply. (Formerly: Acts 1911, c.88, s.6.) As amended by P.L.144-1986,
SEC.81.
IC 22-3-9-7 Assumption of risk; negligence; contributory negligence; questions
of fact
Sec. 7. All questions of assumption of risk, negligence or
contributory negligence shall be questions of fact for the jury to
decide, unless the cause is being tried without a jury, in which case,
such questions shall be questions of fact for the court. (Formerly: Acts 1911, c.88, s.7.)
IC 22-3-9-8 Limitation of actions
Sec. 8. No action shall be maintained under this chapter unless the
same is commenced within two (2) years from the date the cause of
action accrued. (Formerly: Acts 1911, c.88, s.8.) As amended by P.L.144-1986,
SEC.82.
IC 22-3-9-9 Definitions
Sec. 9. The term "employer", "persons", "firm", "limited liability
company", and "corporation" shall include receivers or other persons
charged with the duty of managing, conducting or operating business,
trade or commerce.
(Formerly: Acts 1911, c.88, s.9.) As amended by P.L.8-1993,
SEC.286.
IC 22-3-9-10 Application of law
Sec. 10. This chapter shall not apply to injuries received by any
employee before March 2, 1911, nor affect any suit or legal
proceedings pending in any court on March 2, 1911. (Formerly: Acts 1911, c.88, s.10.) As amended by P.L.144-1986,
SEC.83.
IC 22-3-9-11 Supplemental remedies; common law rights
Sec. 11. This chapter shall be construed as supplemental to all
statutes in force on March 2, 1911, concerning employers and
employees and shall repeal only such statutes as are in direct conflict
with the provisions of this chapter. Nothing in this chapter shall be
held to limit the duty or liability of employers or to impair the rights
of their employees under the common law or any other statute
existing on March 2, 1911, or to affect the prosecution of any
proceeding or right of action pending on March 2, 1911. (Formerly: Acts 1911, c.88, s.11.) As amended by P.L.144-1986,
SEC.84.
IC 22-3-9-1 Personal injuries or death; damages
Sec. 1. Any person, firm, limited liability company, or corporation
while engaged in business, trade or commerce within this state, and
employing in such business, trade or commerce five (5) or more
persons shall be liable and respond in damages to any person
suffering injury while in the employ of such person, firm, limited
liability company, or corporation, or in case of the death of such
employee, then to his or her personal representative, for the benefit
of the surviving widow or husband and children of such employee;
and if none, then to such employee's parents; and if none, then to the
next of kin dependent upon such employee, where such injury or
death resulted in whole or in part from the negligence of such
employer or his, its or their agents, servants, employees or officers,
or by reason of any defect, mismanagement or insufficiency, due to
his, its or their carelessness, negligence, fault or omission of duty. (Formerly: Acts 1911, c.88, s.1.) As amended by P.L.8-1993,
SEC.285.
IC 22-3-9-2 Personal injuries or death; contributory negligence; burden of
proof
Sec. 2. In any action prosecuted under the provisions of this
chapter the burden of proving that such injured or killed employee
did not use due care and diligence at the time of such injury or death
shall be upon the defendant, but the same may be proved under the
general denial. No such employee who may have been injured or
killed shall be held to have been guilty of negligence or contributory
negligence by reason of the assumption of the risk thereof in any case
where the violation by the employer or his, its, or their agents or
employees of any ordinance or statute enacted, or of any rule,
regulation, or direction made by any public officer, bureau, or
commission, was the cause of the injury or death of such employee.
In actions brought against any employer under the provisions of this
chapter for the injury or death of any employee, it shall not be a
defense that the dangers or hazards inherent or apparent in the
employment in which such injured employee was engaged
contributed to such injury. No such injured employee shall be held
to have been guilty of negligence or contributory negligence where
the injury complained of resulted from such employee's obedience or
conformity to any order or direction of the employer or of any
employee to whose orders or directions he was under obligation to
conform or obey, although such order or direction was a deviation
from other rules, orders, or directions previously made by such
employer. (Formerly: Acts 1911, c.88, s.2.) As amended by P.L.144-1986,
SEC.77. IC 22-3-9-3 Personal injuries or death; assumption of risk; safe place to work;
defective tools
Sec. 3. In any action brought against any employer under or by
virtue of this chapter to recover damages for injuries or the death of
any of his, its, or their employees, such employee shall not be held
to have assumed the risks of the employment in any case where the
violation of such employer or his, its, or their agents or employees of
any ordinance or statute enacted, or of any rule, direction, or
regulation made by any public officer or commission, contributed to
the injury or death of such employee; nor shall such injured
employee be held to have assumed the risk of the employment where
the injury complained of resulted from his obedience to any order or
direction of the employer or of any employee to whose orders or
directions he was under obligations to conform or obey although
such order or direction was a deviation from other orders or
directions or rules previously made by such employer. In any action
brought against any employer under the provisions of this chapter to
recover damages for injury to or the death of any of his, its, or their
employees, such employee shall not be held to have assumed the risk
of any defect in the place of work furnished to such employee, or in
the tool, implement, or appliance furnished him by such employer,
where such defect was, prior to such injury, known to such employer,
or by the exercise of ordinary care might have been known to him in
time to have repaired the same or to have discontinued the use of
such defective working place, tool, implement, or appliance. The
burden of proving that such employer did not know of such defect or
that he was not chargeable with knowledge thereof in time to have
repaired the same or to have discontinued the use of such working
place, tool, implement, or appliance shall be on the defendant, but
the same may be proved under the general denial. (Formerly: Acts 1911, c.88, s.3.) As amended by P.L.144-1986,
SEC.78.
IC 22-3-9-4 Personal injuries or death; survival of actions
Sec. 4. The damages recoverable under this chapter shall be
commensurate with the injuries sustained, and in case death results
from such injury the action shall survive; provided, that where any
such injured person recovers a judgment under the provisions of this
chapter and an appeal is taken from such judgment, and pending such
appeal the injured person dies and said judgment be thereafter
reversed, or where such injured person dies after said judgment is
reversed and before trial, the right of action of such person shall
survive to his or her personal representative, and such action may be
continued in the name of such personal representative for the benefit
of the person entitled under this chapter to receive the same. (Formerly: Acts 1911, c.88, s.4.) As amended by P.L.144-1986,
SEC.79. IC 22-3-9-5 Contracts; rules and regulations; exemption from liability; setoff
Sec. 5. Any contract, rule, regulation, bylaw, or device
whatsoever, the purpose, intent, or effect of which would be to
enable any employer to exempt himself or itself from any liability
created by this chapter, shall to that extent be void; provided, that in
any action brought against any such employer under or by virtue of
any of the provisions of this chapter, such employer may set off
therein by special plea any sum such employer has contributed or
paid to any insurance, relief benefit, or indemnity for and on behalf
of such injured employee that may have been paid to him or to the
person entitled thereto on account of the injury or death for which
said action is brought, but in no event shall the amount of such setoff
exceed the amount paid to such employee or other person entitled
thereto out of such insurance, relief benefit, or indemnity fund. (Formerly: Acts 1911, c.88, s.5.) As amended by P.L.144-1986,
SEC.80.
IC 22-3-9-6 Wrongful death damages; amount
Sec. 6. Where any action is brought on account of the death of any
person under this chapter, the liability of any such employer shall not
exceed ten thousand dollars ($10,000), and the provisions of the law
in force as to parties plaintiff shall apply. (Formerly: Acts 1911, c.88, s.6.) As amended by P.L.144-1986,
SEC.81.
IC 22-3-9-7 Assumption of risk; negligence; contributory negligence; questions
of fact
Sec. 7. All questions of assumption of risk, negligence or
contributory negligence shall be questions of fact for the jury to
decide, unless the cause is being tried without a jury, in which case,
such questions shall be questions of fact for the court. (Formerly: Acts 1911, c.88, s.7.)
IC 22-3-9-8 Limitation of actions
Sec. 8. No action shall be maintained under this chapter unless the
same is commenced within two (2) years from the date the cause of
action accrued. (Formerly: Acts 1911, c.88, s.8.) As amended by P.L.144-1986,
SEC.82.
IC 22-3-9-9 Definitions
Sec. 9. The term "employer", "persons", "firm", "limited liability
company", and "corporation" shall include receivers or other persons
charged with the duty of managing, conducting or operating business,
trade or commerce.
(Formerly: Acts 1911, c.88, s.9.) As amended by P.L.8-1993,
SEC.286.
IC 22-3-9-10 Application of law
Sec. 10. This chapter shall not apply to injuries received by any
employee before March 2, 1911, nor affect any suit or legal
proceedings pending in any court on March 2, 1911. (Formerly: Acts 1911, c.88, s.10.) As amended by P.L.144-1986,
SEC.83.
IC 22-3-9-11 Supplemental remedies; common law rights
Sec. 11. This chapter shall be construed as supplemental to all
statutes in force on March 2, 1911, concerning employers and
employees and shall repeal only such statutes as are in direct conflict
with the provisions of this chapter. Nothing in this chapter shall be
held to limit the duty or liability of employers or to impair the rights
of their employees under the common law or any other statute
existing on March 2, 1911, or to affect the prosecution of any
proceeding or right of action pending on March 2, 1911. (Formerly: Acts 1911, c.88, s.11.) As amended by P.L.144-1986,
SEC.84.
