Indiana Code
Title 22. Labor and Safety
Article 3. Worker's Compensation System

Chapter 1. Worker's Compensation Board

22-3-1-1. Creation; Term of Office; Other Positions; Removal From Office; Compensation; Executive Administrator; Expenses - Sec. 1. (a) There is hereby created the worker's compensation...

22-3-1-2. Jurisdiction - Sec. 2. The worker's compensation board shall administer the worker's...

22-3-1-3. Rules; Powers and Duties - Sec. 3. (a) The worker's compensation board may adopt rules...

22-3-1-4. Schedule of Attorney's Fees - Sec. 4. (a) As used in this section, "attorney's fees"...

22-3-1-5. Information Sharing Concerning Construction Workers Misclassified as Independent Contractors - Sec. 5. (a) This section applies after December 31, 2009....

Chapter 2. Worker's Compensation: Application, Rights, and Remedies

22-3-2-1. Repealed - Formerly: Acts 1929, c.172, s.1. As amended by P.L.144-1986, SEC.22....

22-3-2-2. Mandatory Compliance; Burden of Proof; Exemptions - Sec. 2. (a) Every employer and every employee, except as...

22-3-2-2.1. Coverage for Rostered Volunteers - Sec. 2.1. (a) As used in this section, "rostered volunteer"...

22-3-2-2.3. Volunteer Workers; Services; Medical Benefits - Sec. 2.3. (a) As used in this section, "volunteer worker"...

22-3-2-2.5. School to Work Student - Sec. 2.5. (a) As used in this section, "school to...

22-3-2-3. Repealed - Formerly: Acts 1929, c.172, s.3. As amended by Acts 1972,...

22-3-2-4. Preexisting Contracts; Continuance; Minors - Sec. 4. (a) Every contract of service between any employer...

22-3-2-5. Insurance; Certificates Authorizing Carrying of Risk Without Insurance; State Self-Insurance Program - Sec. 5. (a) Every employer who is bound by the...

22-3-2-6. Exclusive Remedies - Sec. 6. The rights and remedies granted to an employee...

22-3-2-7. Performance of Statutory Duties; Application of Law - Sec. 7. Nothing in IC 22-3-2 through IC 22-3-6 shall...

22-3-2-8. Qualifications; Burden of Proof - Sec. 8. No compensation is allowed for an injury or...

22-3-2-9. Exempt Employees; Waiver of Exemption; Notice of Acceptance - Sec. 9. (a) IC 22-3-2 through IC 22-3-6 shall not...

22-3-2-10. Repealed - Formerly: Acts 1929, c.172, s.10. Repealed by Acts 1974, P.L.108,...

22-3-2-11. Repealed - Formerly: Acts 1929, c.172, s.11. Repealed by Acts 1974, P.L.108,...

22-3-2-12. Repealed - Formerly: Acts 1929, c.172, s.12. Repealed by Acts 1974, P.L.108,...

22-3-2-13. Claims Against Third Persons; Subrogation; Procedures - Sec. 13. (a) Whenever an injury or death, for which...

22-3-2-14. Contractors; Certificate of Coverage; Subrogation - Sec. 14. (a) As used in this section, "person" does...

22-3-2-14.5. Independent Contractor Electing Exemption From Compensation Provisions; Filing Statement; Certificate of Exemption - Sec. 14.5. (a) As used in this section, "independent contractor"...

22-3-2-15. Employers Not Relieved of Obligations by Contracts, Agreements, or Rules; Voluntary Agreements; Minors; Approval; Effect; Payment of Compensation; Civil Penalty - Sec. 15. (a) No contract, agreement (written or implied), rule,...

22-3-2-16. Claims for Compensation; Priorities - Sec. 16. All rights of compensation granted by IC 22-3-2...

22-3-2-17. Claims for Compensation; Assignment; Creditor Claims; Child Support Income Withholding - Sec. 17. (a) Except as provided in subsection (b), no...

22-3-2-18. Coal Mining; Application of Law - Sec. 18. The provisions of IC 22-3-2 through IC 22-3-6...

22-3-2-19. Interstate or Foreign Commerce; Exemptions - Sec. 19. IC 22-3-2 through IC 22-3-6 shall not apply...

22-3-2-20. Place of Accident - Sec. 20. Every employer and employee under IC 22-3-2 through...

22-3-2-21. Prior Injuries; Application of Law - Sec. 21. The provisions of IC 22-3-2 through IC 22-3-6...

22-3-2-22. Notice; Worker's Compensation Coverage; Mobile or Remote Employees - Sec. 22. (a) Each employer subject to IC 22-3-2 through...

Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments

22-3-3-1. Notice of Injury; Time - Sec. 1. Unless the employer or his representative shall have...

22-3-3-2. Notice of Injury; Contents; Signature - Sec. 2. The notice provided for in the preceding section...

22-3-3-3. Limitation of Actions; Radiation - Sec. 3. (a) The right to compensation under IC 22-3-2...

22-3-3-4. Medical Treatment Pending Adjudication of Impairment - Sec. 4. (a) After an injury and prior to an...

22-3-3-4.5. Repackaged Drugs; Maximum Reimbursement Amount - Sec. 4.5. (a) As used in this section, "legend drug"...

22-3-3-4.7. Formulary; Reimbursement for "N" Drug - Sec. 4.7. (a) As used in this section, "formulary" refers...

22-3-3-5. Medical Treatment; Liability of Estate; Right to Order Payment; Medical Service Provider Claims; Attending Physician Fees - Sec. 5. (a) The pecuniary liability of the employer for...

22-3-3-5.1. Collection of Medical Expense Payments; Civil Penalties; Good Faith Errors - Sec. 5.1. (a) A medical service provider or a medical...

22-3-3-5.2. Billing Review Service Standards - Note: This version of section effective until 1-1-2023. See also...

22-3-3-5.2-b. Billing Review Service Standards - Note: This version of section effective 1-1-2023. See also preceding...

22-3-3-6. Physical Examination; Physician's Statement; Autopsy - Sec. 6. (a) After an injury and during the period...

22-3-3-7. Temporary Disability Benefits; Installment Payments; Termination; Overpayment - Sec. 7. (a) Compensation shall be allowed on account of...

22-3-3-7.5. Average Weekly Wages of Public Employee; Determination - Sec. 7.5. For purposes of this chapter, the average weekly...

22-3-3-8. Temporary Total Disability or Total Permanent Disability; Awards - Sec. 8. With respect to injuries occurring prior to April...

22-3-3-9. Temporary Partial Disability; Awards - Sec. 9. With respect to injuries occurring prior to April...

22-3-3-10. Injuries Schedule - Note: This version of section effective until 7-1-2023. See also...

22-3-3-10-b. Injuries Schedule - Note: This version of section effective 7-1-2023. See also preceding...

22-3-3-10.5. Permanent Partial Impairment Agreement; Supporting Documentation; Payment of Compensation; Civil Penalty - Sec. 10.5. (a) The following must be tendered to an...

22-3-3-11. Partial Disability; Refusing Employment; Notice - Sec. 11. (a) If an injured employee, only partially disabled,...

22-3-3-12. Subsequent Permanent Injuries; Aggravation; Awards - Sec. 12. If an employee has sustained a permanent injury...

22-3-3-13. Second Injury Fund; Employee Compensation; Employer Assessments; Penalties - Sec. 13. (a) As used in this section, "board" refers...

22-3-3-14. Subsequent Injuries; Two Awards - Sec. 14. If an employee receives an injury for which...

22-3-3-15. Subsequent Injuries; Awards; Extending Period of Payment - Sec. 15. If an employee receives a permanent injury such...

22-3-3-16. Death While Receiving Awards; Dependents; Payment - Sec. 16. When an employee has been awarded or is...

22-3-3-17. Death Benefits - Sec. 17. On and after April 1, 1965, and prior...

22-3-3-18. Death Resulting From Injuries; Award; Payment to Dependents - Sec. 18. (a) Dependents under IC 22-3-2 through IC 22-3-6...

22-3-3-19. Presumptive Dependents; Termination of Dependency - Sec. 19. (a) The following persons are conclusively presumed to...

22-3-3-20. Total or Partial Dependents; Eligibility; Termination - Sec. 20. Total or partial dependents in fact shall include...

22-3-3-21. Burial Expenses - Sec. 21. In cases of the death of an employee...

22-3-3-22. Awards; Computation - Note: This version of section effective until 7-1-2023. See also...

22-3-3-22-b. Awards; Computation - Note: This version of section effective 7-1-2023. See also preceding...

22-3-3-23. Mistake in Payments; Deductions; Payments to State Employees - Sec. 23. (a) Any payments made by the employer to...

22-3-3-24. Compensation Ordered by Single Hearing Board Member; Payments; Time of Payments; Civil Penalty - Sec. 24. (a) An award of compensation ordered by a...

22-3-3-25. Lump Sum Payments; Minors; Interest Rate - Sec. 25. (a) In unusual cases, upon the agreement of...

22-3-3-26. Lump Sum Payments; Trustees - Sec. 26. Whenever the worker's compensation board deems it expedient,...

22-3-3-27. Jurisdiction; Modification of Award - Sec. 27. (a) The power and jurisdiction of the worker's...

22-3-3-28. Children and Minors; Direct Payments - Sec. 28. (a) When the aggregate payments of compensation, awarded...

22-3-3-29. Injured Employee or Dependent Under Guardianship - Sec. 29. If any injured employee or a dependent is...

22-3-3-30. Incompetent Persons; Limitation of Actions - Sec. 30. No limitation of time provided in IC 22-3-2...

22-3-3-31. Joint Service of Two or More Employers; Apportionment of Award - Sec. 31. Whenever any employee for whose injury or death...

22-3-3-32. Construction of Article - Sec. 32. The provisions of this article may not be...

Chapter 4. Worker's Compensation: Administration and Procedures

22-3-4-1. Industrial Board; Office Space; Furniture and Supplies; Meetings - Sec. 1. The board shall be provided with adequate offices...

22-3-4-2. Rules; Subpoenas; Service; Hearings - Sec. 2. (a) The worker's compensation board may make rules...

22-3-4-3. Inspection of Records; Confidential Information; Destruction of Records - Sec. 3. (a) The board shall prepare and cause to...

22-3-4-4. Awards; Private Agreements; Approval - Sec. 4. If after seven (7) days from the date...

22-3-4-4.5. Mediation of Claims; Fees and Charges - Sec. 4.5. (a) In addition to any other method available...

22-3-4-5. Disputes; Hearings - Sec. 5. (a) If the employer and the injured employee...

22-3-4-6. Disputes; Summary Proceedings - Sec. 6. The board by any or all of its...

22-3-4-7. Disputes; Administrative Review - Sec. 7. If an application for review is made to...

22-3-4-8. Disputes; Awards; Appeals - Sec. 8. (a) An award of the board by less...

22-3-4-9. Contracts; Private Agreements; Appeals - Sec. 9. (a) Upon order of the worker's compensation board...

22-3-4-10. Actions and Proceedings; Costs - Sec. 10. In all proceedings before the worker's compensation board...

22-3-4-11. Medical Examination; Physician or Surgeon - Sec. 11. The board or any member thereof may, upon...

22-3-4-12. Rates and Charges; Attorney's Fees; Payment - Sec. 12. Except as provided in section 12.1 of this...

22-3-4-12.1. Bad Faith in Adjusting or Settling Claim for Compensation; Awards; Attorney's Fees - Sec. 12.1. (a) The worker's compensation board, upon hearing a...

22-3-4-13. Reports of Injuries and Deaths; Violations of Article - Sec. 13. (a) Every employer shall keep a record of...

22-3-4-14. Awards; Termination; Reports - Sec. 14. Every employer paying compensation directly without insurance and...

22-3-4-15. Civil Penalties; Schedule - Sec. 15. (a) In addition to any other remedy available...

Chapter 5. Worker's Compensation: Insurance Requirements

22-3-5-1. Requirements; Self-Insurance; Security; Fees - Sec. 1. (a) Every employer under IC 22-3-2 through IC...

22-3-5-2. Termination of Insurance; Filing Fees; Evidence of Compliance - Sec. 2. An employer required to carry insurance under IC...

22-3-5-2.5. Proof of Compliance; Notice; Civil Penalty; Internet Posting - Sec. 2.5. (a) The worker's compensation board is entitled to...

22-3-5-3. Self-Insurance; Certificates; Revocation - Sec. 3. (a) Whenever an employer has complied with the...

22-3-5-4. Substitute System of Insurance - Sec. 4. (a) Subject to the approval of the worker's...

22-3-5-5. Policy Provisions; Failure to Pay Claims - Sec. 5. (a) No insurer shall enter into or issue...

22-3-5-5.5. Deductibles and Co-Insurance - Sec. 5.5. (a) Each insurer entering into or issuing an...

22-3-5-6. Supplemental Administrative Fund - Sec. 6. (a) The worker's compensation supplemental administrative fund is...

Chapter 6. Worker's Compensation: Miscellaneous Provisions

22-3-6-1. Definitions; Exemptions - Note: This version of section effective until 1-1-2023. See also...

22-3-6-1-b. Definitions; Exemptions - Note: This version of section effective 1-1-2023. See also preceding...

22-3-6-2. Mutual Insurance Associations and Reciprocal or Interinsurance Exchanges - Sec. 2. (a) For the purpose of complying with IC...

22-3-6-3. Compliance With Former Law - Sec. 3. Every employer who has complied with the requirements...

Chapter 7. Worker's Occupational Diseases Compensation

22-3-7-1. Repealed - Formerly: Acts 1937, c.69, s.1. As amended by P.L.144-1986, SEC.56....

22-3-7-2. Applicability; Burden of Proof; Police and Firefighter Coverage - Sec. 2. (a) Every employer and every employee, except as...

22-3-7-2.5. School to Work Student - Sec. 2.5. (a) As used in this section, "school to...

22-3-7-3. Waiver of Exemption From Act by Employer; Notice of Acceptance; Filing - Sec. 3. (a) An employer who is exempt under this...

22-3-7-4. Repealed - Formerly: Acts 1937, c.69, s.4a. As added by Acts 1963,...

22-3-7-5. Coal Mining; Application of Law - Sec. 5. On and after April 1, 1963, the provisions...

22-3-7-6. Exclusive Remedies - Sec. 6. The rights and remedies granted under this chapter...

22-3-7-7. Statutory Duties; Application of Law - Sec. 7. Nothing in this chapter shall be construed to...

22-3-7-8. Place of Exposure; Foreign States or Foreign Countries - Sec. 8. Every employer and employee under this chapter shall...

22-3-7-9. Definitions; Applicability of Chapter; Exemptions - Note: This version of section effective until 1-1-2023. See also...

22-3-7-9-b. Definitions; Applicability of Chapter; Exemptions - Note: This version of section effective 1-1-2023. See also preceding...

22-3-7-9.2. "Violation of the Employment of Minors Laws of This State" - Sec. 9.2. As used in section 9(c) of this chapter,...

22-3-7-10. Definitions; Course of Employment - Sec. 10. (a) As used in this chapter, "occupational disease"...

22-3-7-10.5. Average Weekly Wages of Public Employee; Determination - Sec. 10.5. For purposes of this chapter, the average weekly...

22-3-7-11. Death Benefits; Payment - Sec. 11. On and after April 1, 1957, and prior...

22-3-7-12. Dependents; Classification - Sec. 12. (a) Dependents under this chapter shall consist of...

22-3-7-13. Presumptive Dependents; Termination of Dependency - Sec. 13. (a) The following persons are conclusively presumed to...

22-3-7-14. Dependents; Total or Partial Dependents; Relatives; Termination of Dependency - Sec. 14. Total or partial dependents in fact shall include...

22-3-7-15. Death Benefits; Burial Expenses - Sec. 15. In cases of the death of an employee...

22-3-7-16. Disablements; Awards - Note: This version of section effective until 7-1-2023. See also...

22-3-7-16-b. Disablements; Awards - Note: This version of section effective 7-1-2023. See also preceding...

22-3-7-17. Medical Attendance and Treatment; Prosthetic Devices; Emergency Treatment; Liability to Providers; Medical Service Provider Claims - Sec. 17. (a) During the period of disablement, the employer...

22-3-7-17.1. Collection of Medical Expense Payments; Civil Penalties; Good Faith Errors - Sec. 17.1. (a) A medical service provider or a medical...

22-3-7-17.2. Billing Review Service Standards - Note: This version of section effective until 1-1-2023. See also...

22-3-7-17.2-b. Billing Review Service Standards - Note: This version of section effective 1-1-2023. See also preceding...

22-3-7-17.4. Repackaged Drugs; Maximum Reimbursement Amount - Sec. 17.4. (a) As used in this section, "legend drug"...

22-3-7-17.6. Formulary; Reimbursement for "N" Drug - Sec. 17.6. (a) As used in this section, "formulary" refers...

22-3-7-18. Awards; Lump Sum Payments - Sec. 18. (a) Any employer or employee or beneficiary who...

22-3-7-19. Awards; Computation; Average Weekly Wages - Note: This version of section effective until 7-1-2023. See also...

22-3-7-19-b. Awards; Computation; Average Weekly Wages - Note: This version of section effective 7-1-2023. See also preceding...

22-3-7-20. Physical Examinations; Board and Lodging; Traveling Expenses; Reports; Autopsy - Sec. 20. (a) After disablement and during the period of...

22-3-7-21. Awards; Disqualification - Sec. 21. (a) No compensation is allowed for any condition...

22-3-7-22. Industrial Board; Expenses; Office Space; Meetings - Sec. 22. (a) The members of the board and its...

22-3-7-23. Jurisdiction; Administration - Sec. 23. The worker's compensation board shall have jurisdiction over...

22-3-7-24. Rules; Hearings; Subpoenas; Production of Books and Papers; Attorney's Fees - Sec. 24. (a) The worker's compensation board may make rules...

22-3-7-25. Forms and Literature; Reports; Confidential Information - Sec. 25. The board shall prepare and cause to be...

22-3-7-26. Disputes; Settlement - Sec. 26. All disputes arising under this chapter, except section...

22-3-7-27. Awards; Modification; Hearings; Appeals; Investigations - Sec. 27. (a) If the employer and the employee or...

22-3-7-28. Destruction of Records - Sec. 28. In order to prevent the accumulation of unnecessary...

22-3-7-29. Priorities and Preferences; Assignment; Claims of Creditors; Child Support Income Withholding - Sec. 29. (a) All rights of compensation granted by this...

22-3-7-30. Awards; Private Agreements; Filing - Sec. 30. (a) If, after seven (7) days from the...

22-3-7-31. Waiver of Compensation; Approval; Silicosis or Asbestosis - Sec. 31. (a) No employee, personal representative, or beneficiary shall...

22-3-7-32. Actions and Proceedings; Notice; Limitation of Actions - Sec. 32. (a) No proceedings for compensation under this chapter...

22-3-7-33. Exposure; Presumptions; Joint Employers - Sec. 33. (a) An employee shall be conclusively deemed to...

22-3-7-34. Insurance; Self-Insurance; Exemptions - Sec. 34. (a) As used in this section, "person" does...

22-3-7-34.3. Proof of Compliance; Notice; Civil Penalty; Internet Posting - Sec. 34.3. (a) The worker's compensation board is entitled to...

22-3-7-34.5. Independent Contractors Seeking Exemption From Chapter; Filing Statement; Fees; Certificate of Exemption - Sec. 34.5. (a) As used in this section, "independent contractor"...

22-3-7-35. Contract Relieving Employer of Obligations - Sec. 35. No contract or agreement, written or implied, rule,...

22-3-7-36. Third Parties; Actions to Recover Damages; Subrogation; Limitation of Actions - Sec. 36. (a) Whenever disablement or death from an occupational...

22-3-7-37. Reports of Disablements; Penalties; Venue - Sec. 37. (a) Every employer operating under the compensation provisions...

22-3-7-38. Application of Law - Sec. 38. Acts 1937, c.69, s.31 does not extinguish or...

Chapter 7.2. Payments of Claims

22-3-7.2-1. "Clean Claim" - Effective 1-1-2023. Sec. 1. As used in this chapter, "clean...

22-3-7.2-2. "Payor" - Effective 1-1-2023. Sec. 2. As used in this chapter, "payor"...

22-3-7.2-3. "Medical Service Facility" - Effective 1-1-2023. Sec. 3. As used in this chapter, "medical...

22-3-7.2-4. "Medical Service Provider" - Effective 1-1-2023. Sec. 4. As used in this chapter, "medical...

22-3-7.2-5. Notice of Deficiencies in Claims - Effective 1-1-2023. Sec. 5. (a) A payor shall pay or...

22-3-7.2-6. Payment or Denial of Claims; Interest - Effective 1-1-2023. Sec. 6. (a) A payor shall pay or...

22-3-7.2-7. Permitted Forms - Effective 1-1-2023. Sec. 7. A medical service provider shall submit...

Chapter 8. Representation Before Worker's Compensation Board

22-3-8-1. Attorneys; Qualifications - Sec. 1. Any person representing any plaintiff or defendant in...

22-3-8-2. Attorneys; Registration; Oath; Records - Sec. 2. (a) All persons so representing plaintiffs or defendants...

Chapter 9. Employer Liability

22-3-9-1. Personal Injuries or Death; Damages - Sec. 1. Any person, firm, limited liability company, or corporation...

22-3-9-2. Personal Injuries or Death; Contributory Negligence; Burden of Proof - Sec. 2. In any action prosecuted under the provisions of...

22-3-9-3. Personal Injuries or Death; Assumption of Risk; Safe Place to Work; Defective Tools - Sec. 3. In any action brought against any employer under...

22-3-9-4. Personal Injuries or Death; Survival of Actions - Sec. 4. The damages recoverable under this chapter shall be...

22-3-9-5. Contracts; Rules and Regulations; Exemption From Liability; Setoff - Sec. 5. Any contract, rule, regulation, bylaw, or device whatsoever,...

22-3-9-6. Wrongful Death Damages; Amount - Sec. 6. Where any action is brought on account of...

22-3-9-7. Assumption of Risk; Negligence; Contributory Negligence; Questions of Fact - Sec. 7. All questions of assumption of risk, negligence or...

22-3-9-8. Limitation of Actions - Sec. 8. No action shall be maintained under this chapter...

22-3-9-9. Definitions - Sec. 9. The term "employer", "persons", "firm", "limited liability company",...

22-3-9-10. Application of Law - Sec. 10. This chapter shall not apply to injuries received...

22-3-9-11. Supplemental Remedies; Common Law Rights - Sec. 11. This chapter shall be construed as supplemental to...

Chapter 10. Ban on Employer Waiver of Liability

22-3-10-1. Negligence; Employer; Liability for Damages - Sec. 1. All contracts between employer and employee releasing the...

22-3-10-2. Negligence; Third Persons; Liability for Damages - Sec. 2. All contracts between employer and employee releasing third...

22-3-10-3. Negligence; Employer; Liability for Damages; Contract Between Employee and Third Person - Sec. 3. All contracts between an employee and a third...

Chapter 11. Residual Asbestos Injury Fund

22-3-11-1. Creation; Administration; Use of Fund - Sec. 1. (a) There is created a special fund known...

22-3-11-2. Assessments; Deposit in Fund - Sec. 2. (a) This section applies to: (1) each insurance...

22-3-11-3. Repealed - As added by P.L.224-1985, SEC.5. Amended by P.L.95-1988, SEC.20; P.L.134-2006,...

22-3-11-4. Repealed - As added by P.L.224-1985, SEC.5. Amended by P.L.134-2006, SEC.13. Repealed...

22-3-11-5. Expert Medical Testimony - Sec. 5. The board may secure expert medical testimony as...

22-3-11-6. Repealed - As added by P.L.95-1988, SEC.21. Amended by P.L.134-2006, SEC.14. Repealed...

Chapter 12. Vocational Rehabilitation

22-3-12-1. Entitlement to Vocational Rehabilitation Services - Sec. 1. An injured employee, who as a result of...

22-3-12-2. Report of Injury; Copy to Central Office - Sec. 2. When any compensable injury requires the filing of...

22-3-12-3. Report of Injury; Copy to Local Office - Sec. 3. Upon receipt of a report of injury under...

22-3-12-4. Explanation of Services; Eligibility Determination; Plan Implementation - Sec. 4. (a) The local office of vocational rehabilitation shall,...

22-3-12-5. Construction of Chapter; Employee's Benefits - Sec. 5. Nothing contained in this chapter shall be construed...

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Indiana Code Title 22. Labor and Safety Article 3. Worker's Compensation System

Indiana Code
Title 22. Labor and Safety
Article 3. Worker's Compensation System