§ 22-3-2-14 — Contractors; certificate of coverage; subrogation

(a) As used in this section, "person" does not
include:
(1) an owner who contracts for performance of work on the
owner's owner occupied residential property; or
(2) 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 the extent the corporation enters into an
independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(b) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership, or
person, contracting for the performance of any work exceeding one
thousand dollars ($1,000) in value by a contractor subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6, without
exacting from such contractor a certificate from the worker's
compensation board showing that such contractor has complied with
section 5 of this chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable
to the same extent as the contractor for compensation, physician's fees,
hospital fees, nurse's charges, and burial expenses on account of the
injury or death of any employee of such contractor, due to an accident
arising out of and in the course of the performance of the work covered
by such contract.
(c) Any contractor who shall sublet any contract for the performance
of any work, to a subcontractor subject to the compensation provisions
of IC 22-3-2 through IC 22-3-6, without obtaining a certificate from the
worker's compensation board showing that such subcontractor has
complied with section 5 of this chapter, IC 22-3-5-1, and IC 22-3-5-2,
shall be liable to the same extent as such subcontractor for the payment
of compensation, physician's fees, hospital fees, nurse's charges, and
burial expenses on account of the injury or death of any employee of
such subcontractor due to an accident arising out of and in the course
of the performance of the work covered by such subcontract.
(d) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership,
person, or contractor paying compensation, physician's fees, hospital
fees, nurse's charges, or burial expenses under this section may recover
the amount paid or to be paid from any person who, independently of
such provisions, would have been liable for the payment thereof and
may, in addition, recover the litigation expenses and attorney's fees
incurred in the action before the worker's compensation board as well
as the litigation expenses and attorney's fees incurred in an action to
collect the compensation, medical expenses, and burial expenses.
(e) Every claim filed with the worker's compensation board under
this section shall be instituted against all parties liable for payment.
The worker's compensation board, in an award under subsection (b),
shall fix the order in which said parties shall be exhausted, beginning
with the immediate employer, and, in an award under subsection (c),
shall determine whether the subcontractor has the financial ability to
pay the compensation and medical expenses when due and, if not, shall
order the contractor to pay the compensation and medical expenses.
Formerly: Acts 1929, c.172, s.14; Acts 1947, c.162, s.1. As
amended by P.L.28-1988, SEC.24; P.L.8-1993, SEC.280;
P.L.258-1997(ss), SEC.2; P.L.202-2001, SEC.2; P.L.201-2005,
SEC.3.