§ 22-3-2-2 — Mandatory compliance; burden of proof; exemptions

Indiana § 22-3-2-2

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 2: Worker's Compensation: Application, Rights, and

Text

(a) Every employer and every employee, except
as stated in IC 22-3-2 through IC 22-3-6, shall comply with the
provisions of IC 22-3-2 through IC 22-3-6 respectively to pay and
accept compensation for personal injury or death by accident arising
out of and in the course of the employment, and shall be bound thereby.
The burden of proof is on the employee. The proof by the employee of
an element of a claim does not create a presumption in favor of the
employee with regard to another element of the claim.
(b) IC 22-3-2 through IC 22-3-6 does not apply to railroad
employees engaged in train service as:
(1) engineers;
(2) firemen;
(3) conductors;
(4) brakemen;
(5) flagmen;
(6) baggagemen; or
(7) foremen in charge of yard engines and helpers assigned
thereto.
(c) IC 22-3-2 through IC 22-3-6 does not apply to employees of
municipal corporations in Indiana who are members of:
(1) the fire department or police department of any such
municipality; and
(2) a firefighters' pension fund or of a police officers' pension
fund.
However, if the common council elects to purchase and procure
worker's compensation insurance to insure said employees with respect
to medical benefits under IC 22-3-2 through IC 22-3-6, the medical
provisions of IC 22-3-2 through IC 22-3-6 apply to members of the fire
department or police department of any such municipal corporation
who are also members of a firefighters' pension fund or a police
officers' pension fund.
(d) IC 22-3-2 through IC 22-3-6 do not apply to the following:
(1) 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.
(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.
(e) When any municipal corporation purchases or procures worker's
compensation insurance covering members of the fire department or
police department who are also members of a firefighters' pension fund
or a police officers' pension fund, and pays the premium or premiums
for such insurance, the payment of such premiums is a legal and
allowable expenditure of funds of any municipal corporation.
(f) Except as provided in subsection (g), where the common council
has procured worker's compensation insurance under this section, any
member of such fire department or police department employed in the
city carrying such worker's compensation insurance under this section
is limited to recovery of medical and surgical care, medicines,
laboratory, curative and palliative agents and means, x-ray, diagnostic
and therapeutic services to the extent that such services are provided
for in the worker's compensation policy procured by such city, and shall
not also recover in addition to that policy for such same benefits
provided in IC 36-8-4.
(g) If the medical benefits provided under a worker's compensation
policy procured by the common council terminate for any reason before
the police officer or firefighter is fully recovered, the common council
shall provide medical benefits that are necessary until the police officer
or firefighter is no longer in need of medical care.
(h) The provisions of IC 22-3-2 through IC 22-3-6 apply to:
(1) members of the Indiana general assembly; and
(2) field examiners of the state board of accounts.
Formerly: Acts 1929, c.172, s.2; Acts 1937, c.214, s.7; Acts
1943, c.114, s.1; Acts 1953, c.260, s.1; Acts 1963, c.387, s.1; Acts
1971, P.L.352, SEC.1; Acts 1972, P.L.173, SEC.1; Acts 1974, P.L.108,
SEC.2. As amended by Acts 1981, P.L.11, SEC.125; P.L.28-1988,
SEC.21; P.L.217-1989, SEC.1; P.L.201-2005, SEC.1; P.L.134-2006,
SEC.3.