§ 22-3-7-3 — Waiver of exemption from act by employer; notice of acceptance; filing

Indiana § 22-3-7-3

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

Text

(a) 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
(b).
(b) The notice of acceptance referred to in subsection (a) 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. The notice shall be given by the employee by sending the
same in registered letter addressed to the employer at his last known
residence or place of business, or by giving it personally to the
employer, or any of his agents upon whom a summons in civil actions
may be served under the laws of the state.
(c) 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 1937, c.69, s.3; Acts 1963, c.388, s.2; Acts
1974, P.L.109, SEC.2. As amended by P.L.28-1988, SEC.50.