§ 10-14-3-15 — Governmental functions; liability; emergency management workers

Indiana § 10-14-3-15

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 14: EMERGENCY MANAGEMENT
• Ch. 3: Emergency Management and Disaster Law

Text

(a) Any function under this chapter and any
other activity relating to emergency management is a governmental
function. The state, any political subdivision, any other agencies of the
state or political subdivision of the state, or, except in cases of willful
misconduct, gross negligence, or bad faith, any emergency
management worker complying with or reasonably attempting to
comply with this chapter or any order or rule adopted under this
chapter, or under any ordinance relating to blackout or other
precautionary measures enacted by any political subdivision of the
state, is not liable for the death of or injury to persons or for damage to
property as a result of any such activity. This section does not affect the
right of any person to receive:
(1) benefits to which the person would otherwise be entitled
under:
(A) this chapter;
(B) the worker's compensation law (IC 22-3-2 through IC 22-3-6); or
(C) any pension law; or
(2) any benefits or compensation under any federal law.
(b) Any requirement for a license to practice any professional,
mechanical, or other skill does not apply to any authorized emergency
management worker who, in the course of performing duties as an
emergency management worker, practices a professional, mechanical,
or other skill during a disaster emergency.
(c) Except as provided in subsection (d), a volunteer working as an
authorized emergency management worker may be covered by the
medical treatment and burial expense provisions of the worker's
compensation law (IC 22-3-2 through IC 22-3-6) and the worker's
occupational diseases law (IC 22-3-7). If compensability of the injury
is an issue, the administrative procedures of IC 22-3-2 through IC 22-3-7 shall be used to determine the issue.
(d) An individual described in section 19(c)(2) of this chapter is
considered to be a temporary employee of the state for purposes of the
worker's compensation law (IC 22-3-2 through IC 22-3-6) and the
worker's occupational diseases law (IC 22-3-7).
[Pre-2003 Recodification Citation: 10-4-1-8 part.]

Legislative History

As added by P.L.2-2003, SEC.5. Amended by P.L.71-2013, SEC.3.