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.
Structure Indiana Code
Article 3. Worker's Compensation System
22-3-9-1. Personal Injuries or Death; Damages
22-3-9-2. Personal Injuries or Death; Contributory Negligence; Burden of Proof
22-3-9-3. Personal Injuries or Death; Assumption of Risk; Safe Place to Work; Defective Tools
22-3-9-4. Personal Injuries or Death; Survival of Actions
22-3-9-5. Contracts; Rules and Regulations; Exemption From Liability; Setoff
22-3-9-6. Wrongful Death Damages; Amount
22-3-9-7. Assumption of Risk; Negligence; Contributory Negligence; Questions of Fact