reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-6. Exclusive Remedies

Sec. 6. The rights and remedies granted to an employee subject to IC 22-3-2 through IC 22-3-6 on account of personal injury or death by accident shall exclude all other rights and remedies of such employee, the employee's personal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury or death, except for remedies available under IC 5-2-6.1.
Formerly: Acts 1929, c.172, s.6. As amended by Acts 1982, P.L.21, SEC.50; P.L.2-1992, SEC.740; P.L.47-1993, SEC.11.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 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 be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty.
Formerly: Acts 1929, c.172, s.7. As amended by P.L.144-1986, SEC.24.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-8. Qualifications; Burden of Proof

Sec. 8. No compensation is allowed for an injury or death due to the employee's knowingly self-inflicted injury, his intoxication, his commission of an offense, his knowing failure to use a safety appliance, his knowing failure to obey a reasonable written or printed rule of the employer which has been posted in a conspicuous position in the place of work, or his knowing failure to perform any statutory duty. The burden of proof is on the defendant.
Formerly: Acts 1929, c.172, s.8. As amended by Acts 1978, P.L.2, SEC.2209.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 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 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 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, or other device shall, in any manner, operate to relieve any employer in whole or in part of any obligation created by IC 22-3-2 through IC 22-3-6. However, nothing in IC 22-3-2 through IC 22-3-6 shall be construed as preventing the parties to claims under IC 22-3-2 through IC 22-3-6 from entering into voluntary agreements in settlement thereof, but no agreement by an employee or his dependents to waive his rights under IC 22-3-2 through IC 22-3-6 shall be valid nor shall any agreement of settlement or compromise of any dispute or claim for compensation under IC 22-3-2 through IC 22-3-6 be valid until approved by a member of the board, nor shall a member of the worker's compensation board approve any settlement which is not in accordance with the rights of the parties as given in IC 22-3-2 through IC 22-3-6. No such agreement shall be valid unless made after seven (7) days from the date of the injury or death.
(b) A compromise settlement approved by a member of the worker's compensation board during the employee's lifetime shall extinguish and bar all claims for compensation for the employee's death if the settlement compromises a dispute on any question or issue other than the extent of disability or the rate of compensation.
(c) A minor dependent, by parent or legal guardian, may compromise disputes and may enter into a compromise settlement agreement, and upon approval by a member of the worker's compensation board, the settlement agreement shall have the same force and effect as though the minor had been an adult. The payment of compensation by the employer in accordance with the settlement agreement shall discharge the employer from all further obligation.
(d) Payment of compensation under an agreement authorized by this section must be made not later than thirty (30) days after the date the worker's compensation board approves the agreement. An employer that fails to comply with this subsection is subject to a civil penalty under IC 22-3-4-15.
Formerly: Acts 1929, c.172, s.15; Acts 1943, c.136, s.1; Acts 1945, c.284, s.1; Acts 1974, P.L.108, SEC.6. As amended by P.L.28-1988, SEC.25; P.L.1-1991, SEC.148; P.L.204-2018, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-16. Claims for Compensation; Priorities

Sec. 16. All rights of compensation granted by IC 22-3-2 through IC 22-3-6 shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages for labor.
Formerly: Acts 1929, c.172, s.16. As amended by P.L.144-1986, SEC.25.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-17. Claims for Compensation; Assignment; Creditor Claims; Child Support Income Withholding

Sec. 17. (a) Except as provided in subsection (b), no claims for compensation under IC 22-3-2 through IC 22-3-6 shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors.
(b) Compensation awards under IC 22-3-2 through IC 22-3-6 are subject to child support income withholding under IC 31-16-15 and other remedies available for the enforcement of a child support order. The maximum amount that may be withheld under this subsection is one-half (1/2) of the compensation award.
Formerly: Acts 1929, c.172, s.17. As amended by P.L.144-1986, SEC.26; P.L.95-1988, SEC.2; P.L.1-1997, SEC.106; P.L.213-1999, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-18. Coal Mining; Application of Law

Sec. 18. The provisions of IC 22-3-2 through IC 22-3-6 shall apply to the state, to all political divisions thereof, to all municipal corporations within the state, to persons, partnerships, limited liability companies, and corporations engaged in mining coal, and to the employees thereof, without any right of exemption from the compensation provisions of IC 22-3-2 through IC 22-3-6, except as provided in section 15 of this chapter.
Formerly: Acts 1929, c.172, s.18; Acts 1943, c.136, s.2. As amended by P.L.144-1986, SEC.27; P.L.8-1993, SEC.281.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-19. Interstate or Foreign Commerce; Exemptions

Sec. 19. IC 22-3-2 through IC 22-3-6 shall not apply to employees and employers engaged in interstate or foreign commerce wherein the laws of the United States provide for compensation or for liability for injury or death by accident to such employees.
Formerly: Acts 1929, c.172, s.19; Acts 1963, c.387, s.4. As amended by P.L.144-1986, SEC.28.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-20. Place of Accident

Sec. 20. Every employer and employee under IC 22-3-2 through IC 22-3-6 shall be bound by the provisions of IC 22-3-2 through IC 22-3-6 whether injury by accident or death resulting from such injury occurs within the state or in some other state or in a foreign country.
Formerly: Acts 1929, c.172, s.20. As amended by P.L.144-1986, SEC.29.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-21. Prior Injuries; Application of Law

Sec. 21. The provisions of IC 22-3-2 through IC 22-3-6 shall not apply to injuries or death nor to accident which occurred prior to May 21, 1929.
Formerly: Acts 1929, c.172, s.21. As amended by P.L.144-1986, SEC.30.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 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 IC 22-3-6 shall post a notice in the employer's place of business to inform the employees that their employment is covered by worker's compensation. The notice must also contain the name, address, and telephone number of the employer's insurance carrier or the person responsible for administering the employer's worker's compensation claims if the employer is self insured.
(b) The notice required under this section must be in a form approved by the board and shall be posted at a conspicuous location at the employer's place of business to provide reasonable notice to all employees. If the employer is required by federal law or regulation to post a notice for the employer's employees, the notice required under this section must be posted in the same location or locations where the notice required by federal law or regulation is posted.
(c) An employer that has mobile or remote employees shall convey the information required under subsection (a) to the employer's employees in an electronic format or in the same manner as the employer conveys other employment related information. Changes to the information required under subsection (a) must be conveyed promptly to the employer's employees in the same manner.
(d) An employer who fails to comply with this section is subject to a civil penalty under IC 22-3-4-15.
As added by P.L.170-1991, SEC.2. Amended by P.L.168-2011, SEC.2; P.L.204-2018, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › 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 actual knowledge of the occurrence of an injury or death at the time thereof or shall acquire such knowledge afterward, the injured employee or his dependents, as soon as practicable after the injury or death resulting therefrom, shall give written notice to the employer of such injury or death.
Unless such notice is given or knowledge acquired within thirty (30) days from the date of the injury or death, no compensation shall be paid until and from the date such notice is given or knowledge obtained. No lack of knowledge by the employer or his representative, and no want, failure, defect or inaccuracy of the notice shall bar compensation, unless the employer shall show that he is prejudiced by such lack of knowledge or by such want, failure, defect or inaccuracy of the notice, and then only to the extent of such prejudices.
Formerly: Acts 1929, c.172, s.22.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-2. Notice of Injury; Contents; Signature

Sec. 2. The notice provided for in the preceding section shall state the name and address of the employee, the time, place, nature and cause of the injury or death, and shall be signed by the injured employee or by some one in his behalf or by one (1) or more of the dependents, in case of death, or by some person in their behalf. Said notice may be served personally upon the employer, or upon any foreman, superintendent or manager of the employer to whose orders the injured 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 his last known residence or place of business.
Formerly: Acts 1929, c.172, s.23.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-3. Limitation of Actions; Radiation

Sec. 3. (a) The right to compensation under IC 22-3-2 through IC 22-3-6 shall be forever barred unless within two (2) years after the occurrence of the accident, or if death results therefrom, within two (2) years after such death, a claim for compensation thereunder shall be filed with the worker's compensation board. However, in all cases wherein an accident or death results from the exposure to radiation, a claim for compensation shall be filed with the board within two (2) years from the date on which the employee had knowledge of his injury or by exercise of reasonable diligence should have known of the existence of such injury and its causal relationship to his employment.
(b) If, after the occurrence of an accident, compensation is paid for:
(1) temporary total disability under section 7 of this chapter; or
(2) temporary partial disability under section 9 of this chapter;
then the two (2) year limitation period to file an application for adjustment of claim begins to run on the last date for which the compensation under subdivision (1) or (2) was paid.
Formerly: Acts 1929, c.172, s.24; Acts 1947, c.162, s.2; Acts 1961, c.101, s.1. As amended by P.L.144-1986, SEC.31; P.L.28-1988, SEC.26; P.L.160-2022, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-4.5. Repackaged Drugs; Maximum Reimbursement Amount

Sec. 4.5. (a) As used in this section, "legend drug" has the meaning set forth in IC 25-26-14-7.
(b) As used in this section, "repackage" has the meaning set forth in IC 25-26-14-9.3.
(c) This subsection does not apply to a retail or mail order pharmacy. Except as provided in subsection (d), whenever a prescription covered by IC 22-3-2 through IC 22-3-6 is filled using a repackaged legend drug:
(1) the maximum reimbursement amount for the repackaged legend drug must be computed using the average wholesale price set by the original manufacturer for the legend drug;
(2) the medical service provider may not be reimbursed for more than one (1) office visit for each repackaged legend drug prescribed; and
(3) the maximum period during which a medical service provider may receive reimbursement for a repackaged legend drug begins on the date of the injury and ends at the beginning of the eighth day after the date of the injury.
(d) If the National Drug Code (established under Section 510 of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360) for a legend drug cannot be determined from the medical service provider's billing or statement, the maximum reimbursement amount for the repackaged legend drug under subsection (c) is the lowest cost generic for that legend drug.
As added by P.L.275-2013, SEC.3. Amended by P.L.99-2014, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-4.7. Formulary; Reimbursement for "N" Drug

Sec. 4.7. (a) As used in this section, "formulary" refers to the Official Disability Guidelines (ODG) Workers' Compensation Drug Formulary Appendix A published by MCG Health.
(b) As used in this section, "medical emergency" means the sudden onset of a medical condition manifested by acute symptoms of sufficient severity, including severe pain, that in the absence of immediate medical attention could reasonably be expected to result in:
(1) serious jeopardy to the employee's health or bodily functions; or
(2) serious dysfunction of a body part or organ.
(c) Beginning January 1, 2019, reimbursement is not permitted for a claim for payment for a drug that:
(1) is prescribed for use by an employee who files a notice of injury under this chapter; and
(2) according to the formulary, is an "N" drug.
However, if the employee begins use of the "N" drug before July 1, 2018, and the use continues after January 1, 2019, reimbursement is permitted for the "N" drug until January 1, 2020.
(d) If a prescribing physician submits to an employer a request to permit use of an "N" drug described in subsection (c), including the prescribing physician's reason for requesting use of an "N" drug, and the employer approves the request, the prescribing physician may prescribe the "N" drug for use by the injured employee.
(e) If the employer does not approve the prescribing physician's request under subsection (d) to permit use of an "N" drug, the employer shall:
(1) send the request to a third party that is certified by the Utilization Review Accreditation Commission to make a determination concerning the request; and
(2) notify the prescribing physician and the injured employee of the third party's determination not more than five (5) business days after receiving the request.
(f) If an employer fails to provide the notice required by subsection (e)(2), the prescribing physician's request under subsection (d) is considered approved, and reimbursement of the "N" drug prescribed for use by the injured employee is authorized.
(g) If the third party's determination under subsection (e) is to deny the prescribing physician's request to permit the use of an "N" drug:
(1) the employer shall notify the prescribing physician and the injured employee; and
(2) the injured employee may apply to the worker's compensation board for a final determination concerning the third party's determination under subsection (e).
(h) Notwithstanding subsections (c) through (g), during a medical emergency, an employee shall receive a drug prescribed for the employee even if the drug is an "N" drug according to the formulary.
As added by P.L.206-2018, SEC.1. Amended by P.L.10-2019, SEC.95.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 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 a service or product herein required shall be limited to the following:
(1) This subdivision applies before July 1, 2014, to all medical service providers, and after June 30, 2014, to a medical service provider that is not a medical service facility. Such charges as prevail as provided under IC 22-3-6-1(k)(1), in the same community (as defined in IC 22-3-6-1(h)) for a like service or product to injured persons.
(2) This subdivision applies after June 30, 2014, to a medical service facility. The amount provided under IC 22-3-6-1(k)(2).
(b) The employee and the employee's estate do not have liability to a health care provider for payment for services obtained under IC 22-3-3-4.
(c) The right to order payment for all services or products provided under IC 22-3-2 through IC 22-3-6 is solely with the board.
(d) All claims by a medical service provider for payment for services or products are against the employer and the employer's insurance carrier, if any, and must be made with the board under IC 22-3-2 through IC 22-3-6. After June 30, 2011, a medical service provider must file an application for adjustment of a claim for a medical service provider's fee with the board not later than two (2) years after the receipt of an initial written communication from the employer, the employer's insurance carrier, if any, or an agent acting on behalf of the employer after the medical service provider submits a bill for services or products. To offset a part of the board's expenses related to the administration of medical service provider reimbursement disputes, a medical service facility shall pay a filing fee of sixty dollars ($60) in a balance billing case. The filing fee must accompany each application filed with the board. If an employer, an employer's insurance carrier, or an agent acting on behalf of the employer denies or fails to pay any amount on a claim submitted by a medical service facility, a filing fee is not required to accompany an application that is filed for the denied or unpaid claim. A medical service provider may combine up to ten (10) individual claims into one (1) application whenever:
(1) all individual claims involve the same employer, insurance carrier, or billing review service; and
(2) the amount of each individual claim does not exceed two hundred dollars ($200).
(e) The worker's compensation board may withhold the approval of the fees of the attending physician in a case until the attending physician files a report with the worker's compensation board on the form prescribed by the board.
Formerly: Acts 1929, c.172, s.26. As amended by P.L.170-1991, SEC.4; P.L.216-1995, SEC.1; P.L.258-1997(ss), SEC.4; P.L.168-2011, SEC.3; P.L.275-2013, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 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 service provider's agent, servant, employee, assignee, employer, or independent contractor on behalf of the medical service provider may not knowingly collect or attempt to collect the payment of a charge for medical services or products covered under IC 22 from an employee or the employee's estate or family members.
(b) If after a hearing, the worker's compensation board finds that a medical service provider has violated this section, the worker's compensation board may assess a civil penalty against the medical service provider in an amount that is at least one hundred dollars ($100) but less than one thousand dollars ($1,000) for each violation.
(c) The worker's compensation board may not assess a civil penalty against a medical service provider for a violation of this section that is the result of a good faith error.
As added by P.L.216-1995, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-7.5. Average Weekly Wages of Public Employee; Determination

Sec. 7.5. For purposes of this chapter, the average weekly wages of a public employee shall be determined without regard to any salary reduction agreement under Section 125 of the Internal Revenue Code.
As added by P.L.5-1992, SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-8. Temporary Total Disability or Total Permanent Disability; Awards

Sec. 8. With respect to injuries occurring prior to April 1, 1951, causing temporary total disability for work there shall be paid to the injured employee during such total disability for work a weekly compensation equal to fifty-five percent (55%) of his average weekly wages for a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after April 1, 1951, and prior to July 1, 1971, causing temporary total disability for work there shall be paid to the injured employee during such total disability a weekly compensation equal to sixty per cent (60%) of his average weekly wages for a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after July 1, 1971, and prior to July 1, 1974, causing temporary total disability for work there shall be paid to the injured employee during such total disability a weekly compensation equal to sixty per cent (60%) of his average weekly wages, as defined in IC 22-3-3-22 a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after July 1, 1974, and before July 1, 1976, causing temporary total disability or total permanent disability for work there shall be paid to the injured employee during such total disability a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of his average weekly wages up to one hundred and thirty-five dollars ($135.00) average weekly wages, as defined in section 22 of this chapter, for a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after July 1, 1976, causing temporary total disability or total permanent disability for work, there shall be paid to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of his average weekly wages, as defined in IC 22-3-3-22, for a period not to exceed five hundred (500) weeks. Compensation shall be allowed for the first seven (7) calendar days only if the disability continues for longer than twenty-one (21) days.
Formerly: Acts 1929, c.172, s.29; Acts 1949, c.243, s.2; Acts 1951, c.294, s.1; Acts 1971, P.L.353, SEC.2; Acts 1974, P.L.108, SEC.9. As amended by Acts 1976, P.L.112, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-9. Temporary Partial Disability; Awards

Sec. 9. With respect to injuries occurring prior to April 1, 1951 causing temporary partial disability for work, compensation shall be paid to the injured employee during such disability, as prescribed in section 7 of this chapter, a weekly compensation equal to fifty-five per cent (55%) of the difference between his average weekly wages and the weekly wages at which he is actually employed after the injury, for a period not to exceed three hundred (300) weeks. With respect to injuries occurring on and after April 1, 1951 and prior to July 1, 1974 causing temporary partial disability for work, compensation shall be paid to the injured employee during such disability, as prescribed in section 7 of this chapter, a weekly compensation equal to sixty per cent (60%) of the difference between his average weekly wages and the weekly wages at which he is actually employed after the injury, for a period not to exceed three hundred (300) weeks. With respect to injuries occurring on and after July 1, 1974 causing temporary partial disability for work, compensation shall be paid to the injured employee during such disability as prescribed in section 7 of this chapter, a weekly compensation equal to sixty-six and two-thirds per cent (66 2/3%) of the difference between his average weekly wages and the weekly wages at which he is actually employed after the injury, for a period not to exceed three hundred (300) weeks. In case the partial disability begins after the period of temporary total disability, the latter period shall be included as a part of the maximum period allowed for partial disability.
Formerly: Acts 1929, c.172, s.30; Acts 1937, c.214, s.2; Acts 1951, c.294, s.2; Acts 1974, P.L.108, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 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 employee not later than fifteen (15) days after the date of the physician's statement described in subdivision (2):
(1) A proposed permanent partial impairment agreement.
(2) The associated physician's statement required by IC 22-3-3-6(e).
(3) The employee waiver of examination.
(4) A hand/foot chart, if necessary.
(b) A permanent partial impairment agreement signed by the employee, along with the supporting documentation listed in subsection (a), must be submitted to the worker's compensation board for approval not later than fifteen (15) days after the date of receipt from the employee.
(c) Not later than thirty (30) days after the date the worker's compensation board approves the permanent partial impairment agreement, one (1) of the following amounts must be paid:
(1) The first weekly installment of compensation for permanent partial impairment.
(2) The lump sum, if the compensation is to be paid in a lump sum amount.
(d) An employer that fails to comply with subsection (c) is subject to a civil penalty under IC 22-3-4-15.
As added by P.L.204-2018, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-11. Partial Disability; Refusing Employment; Notice

Sec. 11. (a) If an injured employee, only partially disabled, refuses employment suitable to his capacity procured for him, he shall not be entitled to any compensation at any time during the continuance of such refusal unless in the opinion of the worker's compensation board such refusal was justifiable.
(b) Before compensation can be denied under this section the employee must be served with a notice setting forth the consequences of the refusal of employment under this section. The notice must be in a form prescribed by the worker's compensation board.
Formerly: Acts 1929, c.172, s.32. As amended by P.L.95-1988, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-12. Subsequent Permanent Injuries; Aggravation; Awards

Sec. 12. If an employee has sustained a permanent injury either in another employment, or from other cause or causes than the employment in which he received a subsequent permanent injury by accident, such as specified in section 31, he shall be entitled to compensation for the subsequent permanent injury in the same amount as if the previous injury had not occurred: Provided, however, That if the permanent injury for which compensation is claimed, results only in the aggravation or increase of a previously sustained permanent injury or physical condition, regardless of the source or cause of such previously sustained injury or physical condition, the board shall determine the extent of the previously sustained permanent injury or physical condition, as well as the extent of the aggravation or increase resulting from the subsequent permanent injury, and shall award compensation only for that part of such injury, or physical condition resulting from the subsequent permanent injury. Provided further, however, That amputation of any part of the body or loss of any or all of the vision of one or both eyes shall be considered as a permanent injury or physical condition.
Formerly: Acts 1929, c.172, s.33; Acts 1945, c.284, s.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-14. Subsequent Injuries; Two Awards

Sec. 14. If an employee receives an injury for which compensation is payable while he is still receiving or entitled to compensation for a previous injury in the same employment, he shall not at the same time be entitled to compensation for both injuries, unless it be for a permanent injury, such as specified in section 10 of this chapter; but he shall be entitled to compensation for that injury and from the time of that injury which will cover the longest period and the largest amount payable under IC 22-3-2 through IC 22-3-6.
Formerly: Acts 1929, c.172, s.34. As amended by P.L.144-1986, SEC.32.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-15. Subsequent Injuries; Awards; Extending Period of Payment

Sec. 15. If an employee receives a permanent injury such as specified in section 10 of this chapter after having sustained another permanent injury in the same employment, he shall be entitled to compensation for both injuries, but the total compensation shall be paid by extending the period and not by increasing the amount of weekly compensation, and when such previous and subsequent permanent injuries in combination result in total permanent disability or permanent total impairment, compensation shall be payable for such permanent total disability or permanent total impairment, but payments made for the previous injury shall be deducted from the total payment of compensation due.
Formerly: Acts 1929, c.172, s.35; Acts 1963, c.387, s.9. As amended by P.L.144-1986, SEC.33.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-16. Death While Receiving Awards; Dependents; Payment

Sec. 16. When an employee has been awarded or is entitled to an award of compensation for a definite period under IC 22-3-2 through IC 22-3-6 for an injury occurring prior to April 1, 1945, and dies from any other cause than such injury, payment of the unpaid balance of such compensation, not exceeding three hundred (300) weeks, shall be made to his dependents as defined in section 18 of this chapter; provided that where the compensable injury occurred on and after April 1, 1945, and prior to April 1, 1951, the maximum shall not exceed three hundred fifty (350) weeks. With respect to any such injury occurring on and after April 1, 1951, the maximum shall not exceed three hundred fifty (350) weeks for dependents of the second or third class and the maximum shall not exceed five hundred (500) weeks for dependents of the first class.
Formerly: Acts 1929, c.172, s.36; Acts 1945, c.188, s.5; Acts 1951, c.294, s.4. As amended by P.L.144-1986, SEC.34.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 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 shall consist of the following three (3) classes:
(1) Presumptive dependents.
(2) Total dependents in fact.
(3) Partial dependents in fact.
(b) Presumptive dependents shall be entitled to compensation to the complete exclusion of total dependents in fact and partial dependents in fact and shall be entitled to such compensation in equal shares.
(c) Total dependents in fact shall be entitled to compensation to the complete exclusion of partial dependents in fact and shall be entitled to such compensation, if more than one (1) such dependent exists, in equal shares. The question of total dependency shall be determined as of the time of death.
(d) Partial dependents in fact shall not be entitled to any compensation if any other class of dependents exist. The weekly compensation to persons partially dependent in fact shall be in the same proportion to the weekly compensation of persons wholly dependent as the average amount contributed weekly by the deceased to such partial dependent in fact bears to his average weekly wages at the time of the occurrence of the accident. The question of partial dependency in fact shall be determined as of the time of the occurrence of the accident.
Formerly: Acts 1929, c.172, s.38; Acts 1947, c.162, s.7. As amended by P.L.144-1986, SEC.35.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-20. Total or Partial Dependents; Eligibility; Termination

Sec. 20. Total or partial dependents in fact shall include only those persons related to the deceased employee by blood or by marriage, except an unmarried child under the age of eighteen (18) years. Any such person who is actually totally or partially dependent upon the deceased employee is entitled to compensation as such dependent in fact. The right to compensation of any person totally or partially dependent in fact shall be terminated by the marriage of such dependent subsequent to the death of the employee and such dependency shall not be reinstated by divorce.
Formerly: Acts 1929, c.172, s.38b; Acts 1947, c.162, s.9.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-21. Burial Expenses

Sec. 21. In cases of the death of an employee from an injury by an accident arising out of and in the course of the employee's employment under circumstances that the employee would have been entitled to compensation if death had not resulted, the employer shall pay the burial expenses of such employee, not exceeding ten thousand dollars ($10,000).
Formerly: Acts 1929, c.172, s.39; Acts 1937, c.214, s.3; Acts 1943, c.136, s.4; Acts 1947, c.162, s.10; Acts 1955, c.231, s.1; Acts 1963, c.387, s.11; Acts 1967, c.312, s.1; Acts 1971, P.L.353, SEC.4. As amended by P.L.225-1983, SEC.1; P.L.16-1984, SEC.15; P.L.95-1988, SEC.7; P.L.170-1991, SEC.8; P.L.201-2005, SEC.4; P.L.167-2019, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-23. Mistake in Payments; Deductions; Payments to State Employees

Sec. 23. (a) Any payments made by the employer to the injured employee during the period of the employee's disability, or to the employee's dependents, which by the terms of IC 22-3-2 through IC 22-3-6 were not due and payable when made, may, subject to the approval of the worker's compensation board, be deducted from the amount to be paid as compensation. However, the deduction shall be made from the distal end of the period during which compensation must be paid, except in cases of temporary disability.
(b) Payments to state employees under the terms of IC 5-10-8-7(d)(5) or IC 5-10-8-25 shall be taken as a credit by the state against payments of compensation for temporary total disability during the time period in which the employee is eligible for compensation under both:
(1) IC 5-10-8-7(d)(5) or IC 5-10-8-25; and
(2) section 8 of this chapter.
After a state employee is ineligible for payments under IC 5-10-8-7(d)(5) or IC 5-10-8-25 and if the employee is still eligible for payments for temporary total disability under section 8 of this chapter, any payments for temporary total disability shall be deducted from the amount of compensation payable under section 10 of this chapter. Payments to state employees under the terms of IC 5-10-8-7(d)(5) or IC 5-10-8-25 may not be deducted from compensation payable under section 10 of this chapter.
Formerly: Acts 1929, c.172, s.41. As amended by Acts 1976, P.L.113, SEC.1; P.L.28-1988, SEC.29; P.L.1-1994, SEC.107; P.L.119-2022, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 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 single hearing member of the worker's compensation board must be paid not later than thirty (30) days after the date of the award, or as the award provides, if the award is not appealed to the full board. An employer that fails to comply with this subsection is subject to a civil penalty under IC 22-3-4-15.
(b) When so provided in the compensation agreement or in the award of the worker's compensation board, compensation may be paid semimonthly, or monthly, instead of weekly.
Formerly: Acts 1929, c.172, s.42. As amended by P.L.28-1988, SEC.30; P.L.204-2018, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-25. Lump Sum Payments; Minors; Interest Rate

Sec. 25. (a) In unusual cases, upon the agreement of the employer and the employee or his dependents, and the insurance carrier, and the approval of the worker's compensation board, compensation may be redeemed, in whole or in part, by the cash payment, in a lump sum, of the commutable value of the installments to be redeemed.
(b) The board may, at any time, in the case of permanently disabling injuries of a minor, require that he be compensated by the cash payment in a lump sum of the commutable value of the unredeemed installments of the compensation to which he is entitled.
(c) In all such cases, the commutable value of the future unpaid installments of compensation shall be the present value thereof, at the rate of three percent (3%) interest, compounded annually.
Formerly: Acts 1929, c.172, s.43; Acts 1937, c.214, s.4; Acts 1947, c.162, s.11. As amended by P.L.28-1988, SEC.31.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-26. Lump Sum Payments; Trustees

Sec. 26. Whenever the worker's compensation board deems it expedient, any lump sum under section 25 of this chapter shall be paid by the employer to some suitable person or corporation appointed by the circuit or superior court, as trustee, to administer the same for the benefit of the person entitled thereto, in the manner authorized by the court appointing such trustee. The receipt of such trustee for the amount so paid shall discharge the employer or anyone else who is liable therefor.
Formerly: Acts 1929, c.172, s.44. As amended by P.L.144-1986, SEC.36; P.L.28-1988, SEC.32.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-27. Jurisdiction; Modification of Award

Sec. 27. (a) The power and jurisdiction of the worker's compensation board over each case shall be continuing and from time to time it may, upon its own motion or upon the application of either party, on account of a change in conditions, make such modification or change in the award ending, lessening, continuing, or extending the payments previously awarded, either by agreement or upon hearing, as it may deem just, subject to the maximum and minimum provided for in IC 22-3-2 through IC 22-3-6.
(b) Upon making any such change, the board shall immediately send to each of the parties a copy of the modified award. No such modification shall affect the previous award as to any money paid thereunder.
(c) The board shall not make any such modification upon its own motion nor shall any application therefor be filed by either party after the expiration of two (2) years from the last day for which compensation was paid. The board may at any time correct any clerical error in any finding or award.
Formerly: Acts 1929, c.172, s.45; Acts 1947, c.162, s.12; Acts 1963, c.387, s.13. As amended by P.L.144-1986, SEC.37; P.L.28-1988, SEC.33; P.L.134-2006, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-28. Children and Minors; Direct Payments

Sec. 28. (a) When the aggregate payments of compensation, awarded by agreement or upon hearing to an employee or dependent under eighteen (18) years of age, do not exceed one hundred dollars ($100), the payment thereof may be made directly to such employee or dependent, except when the worker's compensation board shall order otherwise.
(b) Whenever the aggregate payments of compensation, due to any person under eighteen (18) years of age, exceed one hundred dollars ($100), the payment thereof shall be made to a trustee, appointed by the circuit or superior court, or to a duly qualified guardian, or to a parent upon the order of the worker's compensation board. The payment of compensation, due to any person eighteen (18) years of age or over, may be made directly to such person.
Formerly: Acts 1929, c.172, s.46. As amended by P.L.28-1988, SEC.34.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-29. Injured Employee or Dependent Under Guardianship

Sec. 29. If any injured employee or a dependent is under guardianship at the time when any right or privilege accrues to the employee or dependent under IC 22-3-2, IC 22-3-3, IC 22-3-4, IC 22-3-5, or IC 22-3-6, the employee or dependent's guardian shall claim and exercise the right or privilege of the employee or dependent.
Formerly: Acts 1929, c.172, s.47. As amended by P.L.144-1986, SEC.38; P.L.33-1989, SEC.19.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-30. Incompetent Persons; Limitation of Actions

Sec. 30. No limitation of time provided in IC 22-3-2 through IC 22-3-6 shall run against any person who is mentally incompetent or a minor so long as he has no guardian or trustee.
Formerly: Acts 1929, c.172, s.48; Acts 1969, c.94, s.5. As amended by P.L.144-1986, SEC.39.