§ 22-3-7-34.5 — Independent contractors seeking exemption from chapter; filing statement; fees; certificate of exemption

Indiana § 22-3-7-34.5

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

Text

5. (a) As used in this section, "independent
contractor" refers to a person described in section 9(b)(5) of this
chapter.
(b) As used in this section, "person" means an individual, a
proprietorship, a partnership, a joint venture, a firm, an association, a
corporation, or other legal entity.
(c) An independent contractor who does not make an election under
section 9(b)(2) of this chapter or section 9(b)(3) of this chapter is not
subject to the compensation provisions of this chapter and must file a
statement with the department of state revenue and obtain a certificate
of exemption.
(d) An independent contractor shall file with the department of state
revenue, in the form prescribed by the department of state revenue, a
statement containing the information required by IC 6-3-7-5.
(e) Together with the statement required in subsection (d), an
independent contractor shall file annually with the department
documentation in support of independent contractor status before being
granted a certificate of exemption. The independent contractor must
obtain clearance from the department of state revenue before issuance
of the certificate.
(f) An independent contractor shall pay a filing fee in the amount of
fifteen dollars ($15) with the certificate filed under subsection (h). The
fees collected under this subsection shall be deposited in the worker's
compensation supplemental administrative fund and shall be used for
all expenses the board incurs.
(g) The worker's compensation board shall maintain a data base
consisting of certificates received under this section and on request
may verify that a certificate was filed.
(h) A certificate of exemption must be filed with the worker's
compensation board. The board shall indicate that the certificate has
been filed by stamping the certificate with the date of receipt and
returning a stamped copy to the person filing the certificate. A
certificate becomes effective as of midnight seven (7) business days
after the date file stamped by the worker's compensation board. The
board shall maintain a data base containing information required in
subsections (e) and (g).
(i) A person who contracts for services of another person not
covered by this chapter to perform work must secure a copy of a
stamped certificate of exemption filed under this section from the
person hired. A person may not require a person who has provided a
stamped certificate to have worker's compensation coverage. The
worker's compensation insurance carrier of a person who contracts with
an independent contractor shall accept a stamped certificate in the
same manner as a certificate of insurance.
(j) A stamped certificate filed under this section is binding on and
holds harmless for all claims:
(1) a person who contracts with an independent contractor after
receiving a copy of the stamped certificate; and
(2) the worker's compensation insurance carrier of the person who
contracts with the independent contractor.
The independent contractor may not collect compensation under this
chapter for an injury from a person or the person's worker's
compensation carrier to whom the independent contractor has
furnished a stamped certificate.

Legislative History

As added by P.L.75-1993, SEC.6. Amended by P.L.202-2001, SEC.11.