§ 22-3-9-5 — Contracts; rules and regulations; exemption from liability; setoff

Any contract, rule, regulation, bylaw, or device
whatsoever, the purpose, intent, or effect of which would be to enable
any employer to exempt himself or itself from any liability created by
this chapter, shall to that extent be void; provided, that in any action
brought against any such employer under or by virtue of any of the
provisions of this chapter, such employer may set off therein by special
plea any sum such employer has contributed or paid to any insurance,
relief benefit, or indemnity for and on behalf of such injured employee
that may have been paid to him or to the person entitled thereto on
account of the injury or death for which said action is brought, but in
no event shall the amount of such setoff exceed the amount paid to
such employee or other person entitled thereto out of such insurance,
relief benefit, or indemnity fund.
Formerly: Acts 1911, c.88, s.5. As amended by P.L.144-1986,
SEC.80.