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.
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