§ 36-8-12-10.3 — Volunteers; worker's compensation

Indiana § 36-8-12-10.3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 12: Volunteer Fire Departments

Text

3. (a) This section applies to an employee
of a private employer who:
(1) is a volunteer firefighter or volunteer member; and
(2) has notified the employee's employer in writing that the
employee is a volunteer firefighter or volunteer member,
regardless of whether the employer rejected the notification under
section 10.7(c) of this chapter.
(b) An employee described in subsection (a) who leaves the
employee's duty station to respond to a fire or emergency call after the
employee has reported to work shall, for worker's compensation
purposes, be considered an employee of the unit while in the
performance of the duties of a volunteer firefighter or volunteer
member.
(c) The employee described in subsection (a) shall, for worker's
compensation purposes, be considered as having entered in and acted
in the regular course and scope of the employment with the unit when
the employee responds to the fire or emergency call as a volunteer
firefighter or volunteer member, regardless of whether the employee
responds by traveling:
(1) to a fire station or other place where firefighting equipment
that the company or unit is to use is located; or
(2) to perform any activities that the employee may be directed to
do by the chief of the fire department or, in the absence of the
chief, the ranking officer.
(d) The employee described in subsection (a) shall, for worker's
compensation purposes, be considered an employee of the unit until the
employee returns to the location from which the employee was
originally called to active duty, or until the employee engages in an
activity beyond the scope of the performance of the duties of the
volunteer firefighter or volunteer member, whichever occurs first.

Legislative History

As added by P.L.167-2019, SEC.4.