§ 22-3-3-3 — Limitation of actions; radiation

Indiana § 22-3-3-3

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 3: Worker's Compensation: Notice of Injury; Treatment

Text

(a) The right to compensation under IC 22-3-2
through IC 22-3-6 shall be forever barred unless within two (2) years
after the occurrence of the accident, or if death results therefrom,
within two (2) years after such death, a claim for compensation
thereunder shall be filed with the worker's compensation board.
However, in all cases wherein an accident or death results from the
exposure to radiation, a claim for compensation shall be filed with the
board within two (2) years from the date on which the employee had
knowledge of his injury or by exercise of reasonable diligence should
have known of the existence of such injury and its causal relationship
to his employment.
(b) If, after the occurrence of an accident, compensation is paid for:
(1) temporary total disability under section 7 of this chapter; or
(2) temporary partial disability under section 9 of this chapter;
then the two (2) year limitation period to file an application for
adjustment of claim begins to run on the last date for which the
compensation under subdivision (1) or (2) was paid.
Formerly: Acts 1929, c.172, s.24; Acts 1947, c.162, s.2; Acts
1961, c.101, s.1. As amended by P.L.144-1986, SEC.31; P.L.28-1988,
SEC.26; P.L.160-2022, SEC.1.