(a)Every employer shall keep a record of all
injuries, fatal or otherwise, received by or claimed to have been
received by the employer's employees in the course of their
employment and shall provide a copy of the record to the board upon
request. Within seven (7) days after the employer's knowledge of the
injury, either actual, alleged, or reported under IC 22-3-3-1, that causes
an employee's death or the need for medical care beyond first aid, a
report concerning the injury shall be made in writing and mailed, or
submitted electronically, to the employer's insurance carrier or, if the
employer is self insured, delivered to the worker's compensation board
in the manner provided in subsections (b) and (c). The reporting
requirements under this subsection are intended to be consistent with
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(a) Every employer shall keep a record of all
injuries, fatal or otherwise, received by or claimed to have been
received by the employer's employees in the course of their
employment and shall provide a copy of the record to the board upon
request. Within seven (7) days after the employer's knowledge of the
injury, either actual, alleged, or reported under IC 22-3-3-1, that causes
an employee's death or the need for medical care beyond first aid, a
report concerning the injury shall be made in writing and mailed, or
submitted electronically, to the employer's insurance carrier or, if the
employer is self insured, delivered to the worker's compensation board
in the manner provided in subsections (b) and (c). The reporting
requirements under this subsection are intended to be consistent with
the recording requirements set out in the United States Occupational
Safety and Health Administration (OSHA) regulations found at 29 CFR
1904.7. The insurance carrier shall deliver the report to the worker's
compensation board in the manner provided in subsections (b) and (c)
not later than seven (7) days after receipt of the report or fourteen (14)
days after the employer's knowledge of the injury, whichever is later.
An employer or insurance carrier that fails to comply with this
subsection is subject to a civil penalty under section 15 of this chapter.
(b) All insurance carriers, companies who carry risk without
insurance, and third party administrators reporting accident information
to the board in compliance with subsection (a) shall report the
information using electronic data interchange standards prescribed by
the board.
(c) The report shall contain the name, nature, and location of the
business of the employer, the name, age, sex, wages, occupation of the
injured employee, the date and hour of the accident causing the alleged
injury, the nature and cause of the injury, and such other information
as may be required by the board.
(d) A person who violates any provision of this article, except IC 22-3-5-1, IC 22-3-7-34(b), or IC 22-3-7-34(c), commits a Class C
misdemeanor. A person who violates IC 22-3-5-1, IC 22-3-7-34(b), or
IC 22-3-7-34(c) commits a Class A misdemeanor. The worker's
compensation board in the name of the state may seek relief from any
court of competent jurisdiction to enjoin any violation of this article.
(e) The venue of all actions under this section lies in the county in
which the employee was injured. The prosecuting attorney of the
county shall prosecute all such violations upon written request of the
worker's compensation board. Such violations shall be prosecuted in
the name of the state.
(f) In an action before the board against an employer who at the time
of the injury to or occupational disease of an employee had failed to
comply with IC 22-3-5-1, IC 22-3-7-34(b), or IC 22-3-7-34(c), the
board may award to the employee or the dependents of a deceased
employee:
(1) compensation not to exceed double the compensation
provided by this article;
(2) medical expenses; and
(3) reasonable attorney fees in addition to the compensation and
medical expenses.
(g) In an action under subsection (d), the court may:
(1) require the employer to obtain coverage and furnish proof of
insurance as required by IC 22-3-5-1 and IC 22-3-7-34(b) or IC 22-3-7-34(c) every six (6) months for a period not to exceed three
(3) years;
(2) require satisfactory proof of the employer's financial ability to
pay any compensation or medical expenses in the amount and
manner, and when due, as provided for in IC 22-3, for all injuries
which occurred during any period of noncompliance; and
(3) require the employer to deposit with the worker's
compensation board an acceptable security, indemnity, or bond to
secure the payment of such compensation and medical expense
liabilities.
(h) The penalty provision of subsection (d) shall apply only to the
employer and shall not apply for a failure to exact a certificate of
insurance under IC 22-3-2-14 or IC 22-3-7-34(i) or IC 22-3-7-34(j).
(i) In an action under subsection (d), if a compensable worker's
compensation or occupational disease claim has been filed and the
employer fails or refuses to pay benefits when due, a court may order
the employer to temporarily cease doing business in Indiana until the
employer:
(1) furnishes proof of insurance as required by IC 22-3-5-1 and IC 22-3-7-34(b) or IC 22-3-7-34(c); and
(2) provides any other assurances required by the board to
establish that the employer has the ability to meet all worker's
compensation liabilities incurred during the employer's period of
noncompliance.
(j) An appeal of the court's decision under subsection (i) to enjoin
the employer from doing business in Indiana automatically stays the
court's order.
Formerly: Acts 1929, c.172, s.66; Acts 1937, c.214, s.5; Acts
1943, c.136, s.6. As amended by Acts 1978, P.L.2, SEC.2210; Acts
1982, P.L.135, SEC.1; P.L.145-1986, SEC.1; P.L.28-1988, SEC.40;
P.L.170-1991, SEC.11; P.L.75-1993, SEC.3; P.L.1-1994, SEC.108;
P.L.235-1999, SEC.4; P.L.1-2007, SEC.159; P.L.1-2010, SEC.85;
P.L.168-2011, SEC.7; P.L.204-2018, SEC.7.