Sec. 34.5. (a) As used in this section, "independent contractor" refers to a person described in section 9(b)(5) of this chapter.
(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 section 9(b)(2) of this chapter or section 9(b)(3) of this chapter is not subject to the compensation provisions of this chapter and must file a statement with the department of state revenue and obtain a certificate of exemption.
(d) An independent contractor shall file with the department of state revenue, in the form prescribed by the department of state revenue, a statement containing the information required by IC 6-3-7-5.
(e) Together with the statement required in subsection (d), 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.
(f) An independent contractor shall pay a filing fee in the amount of fifteen dollars ($15) with the certificate filed under subsection (h). 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.
(g) 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.
(h) 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 information required in subsections (e) and (g).
(i) A person who contracts for services of another person not covered by this chapter 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.
(j) A stamped certificate filed under this section is binding on and holds harmless for 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 this chapter 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.6. Amended by P.L.202-2001, SEC.11.
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