§ 22-3-9-2 — Personal injuries or death; contributory negligence; burden of proof

Indiana § 22-3-9-2

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 9: Employer Liability

Text

In any action prosecuted under the provisions of
this chapter the burden of proving that such injured or killed employee
did not use due care and diligence at the time of such injury or death
shall be upon the defendant, but the same may be proved under the
general denial. No such employee who may have been injured or killed
shall be held to have been guilty of negligence or contributory
negligence by reason of the assumption of the risk thereof in any case
where the violation by the employer or his, its, or their agents or
employees of any ordinance or statute enacted, or of any rule,
regulation, or direction made by any public officer, bureau, or
commission, was the cause of the injury or death of such employee. In
actions brought against any employer under the provisions of this
chapter for the injury or death of any employee, it shall not be a defense
that the dangers or hazards inherent or apparent in the employment in
which such injured employee was engaged contributed to such injury.
No such injured employee shall be held to have been guilty of
negligence or contributory negligence where the injury complained of
resulted from such employee's obedience or conformity to any order or
direction of the employer or of any employee to whose orders or
directions he was under obligation to conform or obey, although such
order or direction was a deviation from other rules, orders, or directions
previously made by such employer.
Formerly: Acts 1911, c.88, s.2. As amended by P.L.144-1986,
SEC.77.