§ 22-3-7-32 — Actions and proceedings; notice; limitation of actions

Indiana § 22-3-7-32

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

Text

(a) No proceedings for compensation under
this chapter shall be maintained unless notice has been given to the
employer of disablement arising from an occupational disease as soon
as practicable after the date of disablement. No defect or inaccuracy of
such notices shall be a bar to compensation unless the employer proves
that he is unduly prejudiced in such proceedings by such defect or
inaccuracy.
(b) The notice provided for in subsection (a) shall state the name
and address of the employee and the nature and cause of the
occupational disease and disablement or death therefrom, and shall be
signed by the employee with a disability or by someone in the
employee's behalf, or by one (1) or more of the dependents, in case of
death, or by some person in their behalf. Such notice may be served
personally upon the employer or upon any foreman, superintendent, or
manager of the employer to whose orders the employee with a
disability or deceased employee was required to conform or upon any
agent of the employer upon whom a summons in a civil action may be
served under the laws of the state or may be sent to the employer by
registered letter, addressed to the employer's last known residence or
place of business.
(c) No proceedings by an employee for compensation under this
chapter shall be maintained unless claim for compensation shall be
filed by the employee with the worker's compensation board within two
(2) years after the date of the disablement.
(d) No proceedings by dependents of a deceased employee for
compensation for death under this chapter shall be maintained unless
claim for compensation shall be filed by the dependents with the
worker's compensation board within two (2) years after the date of
death.
(e) No limitation of time provided in this chapter shall run against
any person who is mentally incompetent or a minor dependent, so long
as the person has no guardian or trustee.
Formerly: Acts 1937, c.69, s.25; Acts 1955, c.195, s.2. As
amended by P.L.144-1986, SEC.73; P.L.28-1988, SEC.60;
P.L.99-2007, SEC.184.