§ 22-3-2-2.5 — School to work student

Indiana § 22-3-2-2.5

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

Text

5. (a) As used in this section, "school to work
student" refers to a student participating in on-the-job training under
the federal School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
(b) Except as provided in IC 22-3-7-2.5, a school to work student is
entitled to the following compensation and benefits under this article:
(1) Medical benefits under IC 22-3-2 through IC 22-3-6.
(2) Permanent partial impairment compensation under IC 22-3-3-10. Permanent partial impairment compensation for a
school to work student shall be paid in a lump sum upon
agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred
seventy-five thousand dollars ($175,000), payable upon
agreement or final award to any dependents of the student
under IC 22-3-3-18 through IC 22-3-3-20, or, if the student has
no dependents, to the student's parents; and
(B) burial compensation under IC 22-3-3-21.
(c) For the sole purpose of modifying an award under IC 22-3-3-27,
a school to work student's average weekly wage is presumed to be
equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this article:
(1) Temporary total disability compensation under IC 22-3-3-8.
(2) Temporary partial disability compensation under IC 22-3-3-9.
(e) Except for remedies available under IC 5-2-6.1, recovery under
subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of and in
the course of school to work employment.

Legislative History

As added by P.L.235-1999, SEC.1.