§ 22-3-2-9 — Exempt employees; waiver of exemption; notice of acceptance

Indiana § 22-3-2-9

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

Text

(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.