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.
Structure Indiana Code
Article 3. Worker's Compensation System
Chapter 2. Worker's Compensation: Application, Rights, and Remedies
22-3-2-2. Mandatory Compliance; Burden of Proof; Exemptions
22-3-2-2.1. Coverage for Rostered Volunteers
22-3-2-2.3. Volunteer Workers; Services; Medical Benefits
22-3-2-2.5. School to Work Student
22-3-2-4. Preexisting Contracts; Continuance; Minors
22-3-2-7. Performance of Statutory Duties; Application of Law
22-3-2-8. Qualifications; Burden of Proof
22-3-2-9. Exempt Employees; Waiver of Exemption; Notice of Acceptance
22-3-2-13. Claims Against Third Persons; Subrogation; Procedures
22-3-2-14. Contractors; Certificate of Coverage; Subrogation
22-3-2-16. Claims for Compensation; Priorities
22-3-2-17. Claims for Compensation; Assignment; Creditor Claims; Child Support Income Withholding
22-3-2-18. Coal Mining; Application of Law
22-3-2-19. Interstate or Foreign Commerce; Exemptions
22-3-2-21. Prior Injuries; Application of Law
22-3-2-22. Notice; Worker's Compensation Coverage; Mobile or Remote Employees