§ 22-3-7-2.5 — School to work student

Indiana § 22-3-7-2.5

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 7: Worker's Occupational Diseases Compensation

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) A school to work student is entitled to the following
compensation and benefits under this chapter:
(1) Medical benefits.
(2) Permanent partial impairment compensation under section 16
of this chapter. 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 sections 11 through 14 of this chapter, or, if the student
has no dependents, to the student's parents; and
(B) burial compensation under section 15 of this chapter.
(c) For the sole purpose of modifying an award under section 27 of
this chapter, 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 chapter:
(1) Temporary total disability compensation under section 16 of
this chapter.
(2) Temporary partial disability compensation under section 19 of
this chapter.
(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 disablement or death by occupational disease arising out
of and in the course of school to work employment.

Legislative History

As added by P.L.235-1999, SEC.6.