Sec. 32. (a) No proceedings for compensation under this chapter shall be maintained unless notice has been given to the employer of disablement arising from an occupational disease as soon as practicable after the date of disablement. No defect or inaccuracy of such notices shall be a bar to compensation unless the employer proves that he is unduly prejudiced in such proceedings by such defect or inaccuracy.
(b) The notice provided for in subsection (a) shall state the name and address of the employee and the nature and cause of the occupational disease and disablement or death therefrom, and shall be signed by the employee with a disability or by someone in the employee's behalf, or by one (1) or more of the dependents, in case of death, or by some person in their behalf. Such notice may be served personally upon the employer or upon any foreman, superintendent, or manager of the employer to whose orders the employee with a disability or deceased employee was required to conform or upon any agent of the employer upon whom a summons in a civil action may be served under the laws of the state or may be sent to the employer by registered letter, addressed to the employer's last known residence or place of business.
(c) No proceedings by an employee for compensation under this chapter shall be maintained unless claim for compensation shall be filed by the employee with the worker's compensation board within two (2) years after the date of the disablement.
(d) No proceedings by dependents of a deceased employee for compensation for death under this chapter shall be maintained unless claim for compensation shall be filed by the dependents with the worker's compensation board within two (2) years after the date of death.
(e) No limitation of time provided in this chapter shall run against any person who is mentally incompetent or a minor dependent, so long as the person has no guardian or trustee.
Formerly: Acts 1937, c.69, s.25; Acts 1955, c.195, s.2. As amended by P.L.144-1986, SEC.73; P.L.28-1988, SEC.60; P.L.99-2007, SEC.184.
Structure Indiana Code
Article 3. Worker's Compensation System
Chapter 7. Worker's Occupational Diseases Compensation
22-3-7-2. Applicability; Burden of Proof; Police and Firefighter Coverage
22-3-7-2.5. School to Work Student
22-3-7-3. Waiver of Exemption From Act by Employer; Notice of Acceptance; Filing
22-3-7-5. Coal Mining; Application of Law
22-3-7-7. Statutory Duties; Application of Law
22-3-7-8. Place of Exposure; Foreign States or Foreign Countries
22-3-7-9. Definitions; Applicability of Chapter; Exemptions
22-3-7-9-b. Definitions; Applicability of Chapter; Exemptions
22-3-7-9.2. "Violation of the Employment of Minors Laws of This State"
22-3-7-10. Definitions; Course of Employment
22-3-7-10.5. Average Weekly Wages of Public Employee; Determination
22-3-7-11. Death Benefits; Payment
22-3-7-12. Dependents; Classification
22-3-7-13. Presumptive Dependents; Termination of Dependency
22-3-7-14. Dependents; Total or Partial Dependents; Relatives; Termination of Dependency
22-3-7-15. Death Benefits; Burial Expenses
22-3-7-16. Disablements; Awards
22-3-7-16-b. Disablements; Awards
22-3-7-17.1. Collection of Medical Expense Payments; Civil Penalties; Good Faith Errors
22-3-7-17.2. Billing Review Service Standards
22-3-7-17.2-b. Billing Review Service Standards
22-3-7-17.4. Repackaged Drugs; Maximum Reimbursement Amount
22-3-7-17.6. Formulary; Reimbursement for "N" Drug
22-3-7-18. Awards; Lump Sum Payments
22-3-7-19. Awards; Computation; Average Weekly Wages
22-3-7-19-b. Awards; Computation; Average Weekly Wages
22-3-7-20. Physical Examinations; Board and Lodging; Traveling Expenses; Reports; Autopsy
22-3-7-21. Awards; Disqualification
22-3-7-22. Industrial Board; Expenses; Office Space; Meetings
22-3-7-23. Jurisdiction; Administration
22-3-7-24. Rules; Hearings; Subpoenas; Production of Books and Papers; Attorney's Fees
22-3-7-25. Forms and Literature; Reports; Confidential Information
22-3-7-26. Disputes; Settlement
22-3-7-27. Awards; Modification; Hearings; Appeals; Investigations
22-3-7-28. Destruction of Records
22-3-7-30. Awards; Private Agreements; Filing
22-3-7-31. Waiver of Compensation; Approval; Silicosis or Asbestosis
22-3-7-32. Actions and Proceedings; Notice; Limitation of Actions
22-3-7-33. Exposure; Presumptions; Joint Employers
22-3-7-34. Insurance; Self-Insurance; Exemptions
22-3-7-34.3. Proof of Compliance; Notice; Civil Penalty; Internet Posting
22-3-7-35. Contract Relieving Employer of Obligations
22-3-7-36. Third Parties; Actions to Recover Damages; Subrogation; Limitation of Actions