Indiana

There is created a department of labor, which shall be administered by a commissioner of labor. ...

(a) The commissioner of labor shall be appointed by the governor for a term not to exceed four (4) years and shall serve at the will of the governor and until his successor shall have been...

(a) Any individual appointed commissioner of labor who: (1) In order to perform the duties of office has left or leaves a position or employment, other than a temporary position or employment,...

(a) The department of labor shall be provided with adequate offices in the state capitol building or in some other suitable building in Indianapolis, in which its records shall be kept and its...

The following bureaus are created within the department of labor: (1) The bureau of mines and mine safety. (2) The bureau of child labor. ...

(a) The bureau of mines and mining safety shall do the following: (1) Have immediate charge of the administration of the underground mine laws of this state; (2) Provide safety consultation...

...

The commissioner of labor may do the following: (1) Make or cause to be made all necessary inspections to see that all of the laws and rules enacted or adopted for that purpose and that the...

...

Every employer and place of employment under the jurisdiction of the department of labor created by this chapter shall: (1) Furnish employment that is safe for the employees therein; (2)...

The commissioner of labor is authorized and directed to do the following: (1) To investigate and adopt rules under IC 4-22-2 prescribing what safety devices, safeguards, or other means of...

(a) If there will be practical difficulties or unnecessary hardships in carrying out any rule, order, or determination of the commissioner of labor, the commissioner of labor may, after a public...

...

(a) Every employer, employee, owner or other person shall furnish to the commissioner of labor any information which the commissioner of labor is authorized to require, and shall make true and...

The commissioner of labor and his authorized representative shall have the power and the authority to enter any place of employment for the purpose of collecting facts and statistics relating to...

The commissioner of labor and any officer or employee of the department of labor designated by the commissioner, in the performance of any duty, or the execution of any power prescribed by law,...

It shall be the duty of the several prosecuting attorneys of the respective judicial circuits or the attorney-general of the state of Indiana on the relation of the state of Indiana, upon the...

...

All personnel excepting the Commissioner of Labor and his deputies shall be employed according to the provisions of the State Personnel Act, the same being IC 1971, 4-15-2. ...

The Commissioner of Labor shall prepare job specifications for the use of the Department of Administration which specifications shall be considered as advisory and may be amended and changed by...

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This chapter shall be known and may be cited as the Minimum Wage Law of 1965. ...

There are persons employed in some occupations in the state of Indiana at wages insufficient to provide adequate maintenance for themselves and their families. Such employment impairs the health,...

As used in this chapter: Commissioner means the commissioner of labor or the commissioner's authorized representative. Department means the department of labor. Occupation means an industry,...

(a) Every employer employing four (4) or more employees during a work week shall: (1) in any work week beginning on or after July 1, 1968, in which he is subject to the provisions of this...

...

Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall furnish to each employee a statement of the hours worked by the employee and the...

Nothing in this chapter shall be deemed to authorize or permit the payment to any employee of a lower rate of pay than may be prescribed by any other applicable law. ...

(a) An employer or his agent who: (1) Discharges or otherwise discriminates in regard to tenure or condition of employment against any employee because the employee has: (A) Instituted or...

An employer who consistently discharges persons within four (4) weeks of their employment and replaces the discharged person without work stoppage commits a Class A infraction. ...

...

(a) As used in this section, financial institution means a financial institution regulated by an agency of the United States or any state. (b) Every corporation, limited liability company,...

A person who publishes, issues, or circulates any check, card, or other paper, which is not commercial paper payable at a fixed time in any bank in this state, at its full face value, in lawful...

It is a Class C infraction for a person to knowingly sell to his employee any merchandise or supplies at a higher price than the merchandise or supplies are sold to others for cash. ...

(a) Every person, firm, corporation, limited liability company, or association, their trustees, lessees, or receivers appointed by any court, doing business in Indiana, shall pay each employee at...

Salaried employees who are eligible for overtime compensation under the Fair Labor Standards Act
Every such person, firm, corporation, limited liability company, or association who shall fail to make payment of wages to any such employee as provided in section 1 [IC 22-2-5-1] of this chapter...

Farmers and those engaged in the business of agriculture and horticulture shall be specifically exempt from the provisions of this chapter. ...

(a) Any direction given by an employee to an employer to make a deduction from the wages to be earned by said employee, after said direction is given, shall constitute an assignment of the wages...

(a) Any assignment of the wages of an employee is valid only if all of the following conditions are satisfied: (1) The assignment is: (A) in writing; (B) signed by the employee...

All deductions made before July 1, 1988, by an employer from the wages of an employee, at the request of the employee, or without the objection of the employee, provided the amount so deducted was...

(a) If an employer has overpaid an employee, the employer may deduct from the wages of the employee the amount of the overpayment. A deduction by an employer for reimbursement of an overpayment of...

(a) Any person, company, corporation, limited liability company, or association loaning money directly or indirectly to any employee or wage earner, except the employer of the employee, upon the...

No assignment of his or her wages or salary by any employee or wage earner to any wage broker or any other person for his benefit shall be valid or enforceable, nor shall any employer or debtor...

(a) No assignment of wages by a married person who is living with the person's spouse residing in Indiana to any wage broker shall be valid or enforceable without the consent of the spouse,...

No assignment of wages shall be valid or enforceable unless notice in writing of the same, accompanied by a copy of the assignment, shall be given to the employer or debtor within ten (10) days...

Every purchase of a wage broker of an assignment of the wages of any employee or wage earner shall be held and considered to be a loan in the sum and of the amount actually paid to and received by...

A person who recklessly violates this chapter commits a Class B misdemeanor. ...

Any note, bill, or other evidence of indebtedness and any assignment of wages or salary given to or received by any wage broker or any other person in violation of any of the provisions of this...

It is unlawful for any employer to assess a fine on any pretext against any employee and retain the same or any part thereof from his wages. An employer who violates this section commits a Class C...

...

It is hereby made the duty of the commissioner of labor to enforce the provisions of this chapter by the processes of the courts, and in the name of the state; and, upon his failure so to do, any...

Whenever used in this chapter: (a) The term employer means and includes every person, firm, partnership, association, corporation, limited liability company, receiver, or other officer of any...

(a) Whenever any employer separates any employee from the pay-roll, the unpaid wages or compensation of such employee shall become due and payable at regular pay day for pay period in which...

(a) It shall be the duty of the commissioner of labor to enforce and to insure compliance with the provisions of this chapter, to investigate any violations of any of the provisions of this...

The commissioner of labor is hereby authorized to take assignments of wage claims of less than eight hundred dollars ($ 800.00), rights of action for penalties, mechanics and other liens of...

(a) In all actions brought by the labor commissioner as assignee under section 5 [IC 22-2-9-5] of this chapter, no court costs of any nature shall be required to be advanced nor shall any bond or...

Nothing in this chapter shall be construed to repeal IC 22-2-5. ...

Hereafter, when the property of any company, corporation, limited liability company, firm or person, engaged in any manufacturing, mechanical, agricultural or other business or employment, or in...

Any person having wages due and unpaid from any lessee as provided in section one [IC 22-2-11-1], shall have a right of action in the name of the state of Indiana on the relation of such person on...

A person who fails to file the bond as provided in section 1 [IC 22-2-11-1] of this chapter commits a Class C infraction; each day business is conducted without the filing of the bond constitutes...

Whenever payment or refund is made to an employee, former employee, or his beneficiary or his heirs, legatees or the representative of his estate pursuant to a written retirement, death, or other...

Should said payment or refund made as provided in section 1 [IC 22-2-12-1] of this chapter be comprised in whole or in part of stock in any corporation, such corporation may accept said stock for...

Nothing contained in this chapter shall affect any claim or right to any such payment or refund or part thereof as between all persons other than the employer or former employer and the trustee...

(a) This section applies to an employer who has contracted in writing to make payments to an employee welfare plan, vacation plan, health plan, dental plan, insurance plan, supplemental...

(a) There is hereby created the worker's compensation board of Indiana, which shall consist of seven (7) members, not more than four (4) of whom shall belong to the same political party, appointed...

The worker's compensation board shall administer the worker's compensation law (IC 22-3-2 through IC 22-3-6). ...

(a) The worker's compensation board may adopt rules under IC 4-22-2 to carry into effect the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC...

...

(a) Every employer and every employee, except as stated in IC 22-3-2 through IC 22-3-6, shall comply with the provisions of IC 22-3-2 through IC 22-3-6 respectively to pay and accept compensation...

(a) As used in this section, rostered volunteer means a volunteer: (1) Whose name has been entered on a roster of volunteers for a volunteer program operated by a unit; and (2) Who has...

(a) As used in this section, school to work student refers to a student participating in on-the-job training under the federal School to Work Opportunities Act
  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-3. [Repealed.]
...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-4. Presumptions as to contracts of service subject to act
(a) Every contract of service between any employer and employee covered by IC 22-3-2 through IC 22-3-6, written or implied, in operation on May 21, 1929, or made or implied prior to May 21, 1929,...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-6. Rights and remedies of employee exclusive
The rights and remedies granted to an employee subject to IC 22-3-2 through IC 22-3-6 on account of personal injury or death by accident shall exclude all other rights and remedies of such...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-7. No relief from penalty for failure to perform statutory duty
Nothing in IC 22-3-2 through IC 22-3-6 shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty. ...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-8. Bars to compensation -- Knowing misconduct -- Self-inflicted injury -- Intoxication -- Burden of proof
No compensation is allowed for an injury or death due to the employee's knowingly self-inflicted injury, his intoxication, his commission of an offense, his knowing failure to use a safety...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-9. Employees to whom worker's compensation law does not apply -- Waiver of exemption
(a) IC 22-3-2 through IC 22-3-6 shall not apply to casual laborers (as defined in IC 22-3-6-1) nor to farm or agricultural employees, nor to household employees, nor to the employers of such...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-13. Liability of third person -- Subrogation of employer -- Lien on award to employee -- Notice to employer if employee sues -- Settlements -- When action barred -- Costs -- Attorney fees -- Release and satisfaction
Whenever an injury or death, for which compensation is payable under chapters 2 through 6 of this article shall have been sustained under circumstances creating in some other person than the...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-14. Liability on failure to exact certificate -- Order of exhaustion of parties liable
(a) As used in this section, person does not include an owner who contracts for performance of work on the owner's owner occupied residential property. (b) The state, any political division...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-15. Employer not relieved by contract, rule, or device -- Agreements of settlement or compromise
(a) No contract, agreement (written or implied), rule, or other device shall, in any manner, operate to relieve any employer in whole or in part of any obligation created by IC 22-3-2 through IC...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-16. Preferential rights of compensation against employer's assets
All rights of compensation granted by IC 22-3-2 through IC 22-3-6 shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-18. Act compulsory to state, political divisions, mine operators and employees
The provisions of IC 22-3-2 through IC 22-3-6 shall apply to the state, to all political divisions thereof, to all municipal corporations within the state, to persons, partnerships, limited...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-19. Act inapplicable to interstate and foreign commerce
IC 22-3-2 through IC 22-3-6 shall not apply to employees and employers engaged in interstate or foreign commerce wherein the laws of the United States provide for compensation or for liability for...

  • chapter 2.  RIGHTS AND REMEDIES
    • 22-3-2-22. Posting of notice of worker's compensation coverage -- Contents and form -- Penalty
(a) Each employer subject to IC 22-3-2 through IC 22-3-6 shall post a notice in the employer's place of business to inform the employees that their employment is covered by worker's compensation....

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-1. Notice to employer of injury or death
Unless the employer or his representative shall have actual knowledge of the occurrence of an injury or death at the time thereof or shall acquire such knowledge afterward, the injured employee or...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-2. Contents and service of notice
The notice provided for in the preceding section [IC 22-3-3-1] shall state the name and address of the employee, the time, place, nature and cause of the injury or death, and shall be signed by...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-4. Medical, surgical, hospital and nurse services -- Spiritual healers -- Payment for -- Effect of employee's refusal to accept -- Employers to furnish artificial bodily members
(a) After an injury and prior to an adjudication of permanent impairment, the employer shall furnish or cause to be furnished, free of charge to the employee, an attending physician for the...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-5. Standard of pecuniary liability for service limited
The pecuniary liability of the employer for medical, surgical, hospital and nurse service herein required shall be limited to such charges as prevail as provided under IC 22-3-6-1(j), in the same...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-5.1. Medical provider may not attempt to collect payment from employee
(a) A medical service provider or a medical service provider's agent, servant, employee, assignee, employer, or independent contractor on behalf of the medical service provider may not knowingly...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-5.2. Billing review service -- Determination of pecuniary liability -- Explanation of bill reduction
(a) A billing review service shall adhere to the following requirements to determine the pecuniary liability of an employer or an employer's insurance carrier for a specific service or product...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-6. Examination of injured person -- Effect of refusal by employee -- Expenses -- Attending physician's duties -- Autopsies
(a) After an injury and during the period of claimed resulting disability or impairment, the employee, if so requested by the employee's employer or ordered by the industrial board, shall submit...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-7.5. Restriction on determination of average weekly wages of public employees
For purposes of this chapter, the average weekly wages of a public employee shall be determined without regard to any salary reduction agreement under Section 125 of the Internal Revenue Code. ...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-8. Temporary total disability -- Amount of compensation
With respect to injuries occurring prior to April 1, 1951, causing temporary total disability for work there shall be paid to the injured employee during such total disability for work a weekly...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-9. Temporary partial disability -- Amount of compensation
With respect to injuries occurring prior to April 1, 1951 causing temporary partial disability for work, compensation shall be paid to the injured employee during such disability, as prescribed in...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-10. Impairment -- Compensation schedule
(a) With respect to injuries in the following schedule occurring prior to April 1, 1951, the employee shall receive in addition to temporary total disability benefits not exceeding twenty-six (26)...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-11. Refusal by employee partially disabled to accept suitable employment
(a) If an injured employee, only partially disabled, refuses employment suitable to his capacity procured for him, he shall not be entitled to any compensation at any time during the continuance...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-14. Double compensation not allowed
If an employee receives an injury for which compensation is payable while he is still receiving or entitled to compensation for a previous injury in the same employment, he shall not at the same...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-15. Extension of period by subsequent permanent injury
If an employee receives a permanent injury such as specified in section 10 [IC 22-3-3-10] of this chapter after having sustained another permanent injury in the same employment, he shall be...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-16. Death not caused by injury -- Payment of balance to dependents
When an employee has been awarded or is entitled to an award of compensation for a definite period under IC 22-3-2 through IC 22-3-6 for an injury occurring prior to April 1, 1945, and dies from...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-19. Presumptive dependency
(a) The following persons are conclusively presumed to be wholly dependent for support upon a deceased employee and shall constitute the class known as presumptive dependents in section 18 [IC...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-20. Dependency in fact -- Marriage as termination of dependency -- No reinstatement by divorce
Total or partial dependents in fact shall include only those persons related to the deceased employee by blood or by marriage, except an unmarried child under the age of eighteen (18) years. Any...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-21. Burial expense
In all cases of the death of an employee from an injury by an accident arising out of and in the course of the employee's employment under such circumstances that the employee would have been...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-22. Average weekly wages -- Maximum compensation
(a) In computing the compensation under this law with respect to injuries occurring on and after April 1, 1963, and prior to April 1, 1965, the average weekly wages shall be considered to be not...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-23. Deduction of advances from compensation
(a) Any payments made by the employer to the injured employee during the period of his disability, or to his dependents, which by the terms of IC 22-3-2 through IC 22-3-6 were not due and payable...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-24. Times of payment by agreement or in award
When so provided in the compensation agreement or in the award of the worker's compensation board, compensation may be paid semimonthly, or monthly, instead of weekly. ...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-25. Lump sum payment of commutable value of installments
(a) In unusual cases, upon the agreement of the employer and the employee or his dependents, and the insurance carrier, and the approval of the worker's compensation board, compensation may be...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-26. Trustee for administration of lump sum payment
Whenever the worker's compensation board deems it expedient, any lump sum under section 25 [IC 22-3-3-25] of this chapter shall be paid by the employer to some suitable person or corporation...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-27. Change or modification of award -- Limitation
(a) The power and jurisdiction of the worker's compensation board over each case shall be continuing and from time to time it may, upon its own motion or upon the application of either party, on...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-29. Rights and privileges of employee or dependent under guardianship
If any injured employee or a dependent is under guardianship at the time when any right or privilege accrues to the employee or dependent under IC 22-3-2, IC 22-3-3, IC 22-3-4, IC 22-3-5, or IC...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-30. Time limitation not to run against incompetents and minors
No limitation of time provided in IC 22-3-2 through IC 22-3-6 shall run against any person who is mentally incompetent or a minor so long as he has no guardian or trustee. ...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-31. Employee in joint service of employers -- Distribution of burden
Whenever any employee for whose injury or death compensation is payable under IC 22-3-2 through IC 22-3-6 shall at the time of the injury be in the joint service of two (2) or more employers...

  • chapter 3.  CLAIMS AND BENEFITS
    • 22-3-3-32. Limit on number of weeks benefits paid -- Application for award under IC 22-3-3-13 -- Minimum benefit for permanent total disability
The provisions of this article may not be construed to result in an award of benefits in which the number of weeks paid and to be paid for temporary total disability, temporary partial disability,...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-1. Offices, furniture and supplies of board -- Sessions
The board shall be provided with adequate offices in the capitol or some other suitable building in the city of Indianapolis in which the records shall be kept and its official business be...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-3. Blank forms -- Record of accidents and physician's reports -- Old records
(a) The board shall prepare and cause to be printed, and upon request furnish free of charge to any employer or employee, such blank forms and literature as it shall deem requisite to facilitate...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-4. Compensation agreements -- Filing, approval, enforceability
If after seven (7) days from the date of the injury or at any time in case of death, the employer and the injured employee or his dependents reach an agreement in regard to compensation under IC...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-5. Failure to agree -- Notice and place of hearing
(a) If the employer and the injured employee or the injured employee's dependents disagree in regard to the compensation payable under IC 22-3-2 through IC 22-3-6 or, if they have reached such an...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-6. Hearing -- Summary determination of dispute
The board by any or all of its members shall hear the parties at issue, their representatives and witnesses, and shall determine the dispute in a summary manner. The award shall be filed with the...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-7. Hearing -- Review of award made by less than full board
If an application for review is made to the board within thirty (30) days from the date of the award made by less than all the members, the full board, if the first hearing was not held before the...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-9. Judgment of circuit or superior court on agreement or award -- Modification
(a) Upon order of the worker's compensation board made after five (5) days notice is given to the opposite party, any party in interest may file in the circuit or superior court of the county in...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-10. Award and taxing of costs
In all proceedings before the worker's compensation board or in a court under IC 22-3-2 through IC 22-3-6, the costs shall be awarded and taxed as provided by law in ordinary civil actions in the...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-11. Examination by disinterested physician or surgeon
The board or any member thereof may, upon the application of either party or upon its own motion, appoint a disinterested and duly qualified physician or surgeon to make any necessary medical...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-12.1. Determination of bad faith or lack of diligence -- Award to claimant -- Attorney's fees -- Copy of award to department of insurance -- Award limit
(a) The worker's compensation board, upon hearing a claim for benefits, has the exclusive jurisdiction to determine whether the employer, the employer's worker's compensation administrator, or the...

  • chapter 4.  ADMINISTRATION
    • 22-3-4-14. Report after termination of compensation period or lump sum payment
Every employer paying compensation directly without insurance and every insurance carrier paying compensation in behalf of an employer shall, within ten (10) days from the termination of the...

  • chapter 5.  INSURANCE
    • 22-3-5-1. Insurance of liability by employers required -- Exceptions -- Fees
(a) Every employer under IC 22-3-2 through IC 22-3-6, except those exempted by IC 22-3-2-5, shall: (1) Insure and keep insured the employer's liability under IC 22-3-2 through IC 22-3-6 in some...

  • chapter 5.  INSURANCE
    • 22-3-5-2. Filing of proofs of insurance required -- Fees
An employer required to carry insurance under IC 22-3-2-5 and section 1 [IC 22-3-5-1] of this chapter shall file with the worker's compensation board, in the form prescribed by it, within ten (10)...

  • chapter 5.  INSURANCE
    • 22-3-5-3. Certificates of self-insurance -- Revocation
(a) Whenever an employer has complied with the provisions of section 1 [IC 22-3-5-1] of this chapter relating to self-insurance, the worker's compensation board shall issue to such employer a...

  • chapter 5.  INSURANCE
    • 22-3-5-4. Substitute systems of compensation, benefit, or insurance -- Termination -- Appeal
(a) Subject to the approval of the worker's compensation board, any employer may enter into or continue any agreement with the employer's employees to provide a system of compensation, benefit, or...

  • chapter 5.  INSURANCE
    • 22-3-5-5. Insurance policy forms -- Scope of coverage -- Provisions -- Approval [as amended by P.L.2-1995]
(a) No insurer shall enter into or issue any policy of insurance under IC 22-3-2 through IC 22-3-6 until its policy form shall have been submitted to and approved by the department of insurance....

  • chapter 5.  INSURANCE
    • 22-3-5-5.5. Deductibles or co-insurance
(a) Each insurer entering into or issuing an insurance policy under IC 22-3-2 through IC 22-3-7 may, as a part of the policy or as an optional endorsement to the policy, offer deductibles or...

  • chapter 5.  INSURANCE
    • 22-3-5-6. Worker's compensation supplemental administrative fund
(a) The worker's compensation supplemental administrative fund is established for the purpose of carrying out the administrative purposes and functions of the worker's compensation board. The fund...

  • chapter 6.  DEFINITIONS AND MISCELLANEOUS PROVISIONS
    • 22-3-6-1. Definitions
In IC 22-3-2 through IC 22-3-6, unless the context otherwise requires: (a) Employer includes the state and any political subdivision, any municipal corporation within the state, any...

  • chapter 6.  DEFINITIONS AND MISCELLANEOUS PROVISIONS
    • 22-3-6-2. Employers' mutual associations and exchanges authorized
(a) For the purpose of complying with IC 22-3-5-1, groups of employers are hereby authorized to form mutual insurance associations or reciprocal or interinsurance exchanges subject to such...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-1. [Repealed.]
...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-2.5. School to work student -- Benefits -- Exclusive remedy
(a) As used in this section, school to work student refers to a student participating in on-the-job training under the federal School to Work Opportunities Act
  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-3. Waiver of exemption -- Acceptance of compensation provisions -- Notice
(a) An employer who is exempt under this section from the operation of the compensation provisions of this chapter may at any time waive such exemption and thereby accept the provisions of this...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-4. [Repealed.]
...

  • chapter compulsory as to state, political divisions, mine operators and employees
  • 22-3-7-5. Chapter compulsory as to state, political divisions, mine operators and employees
On and after April 1, 1963, the provisions of this chapter shall apply to the state, to all political divisions thereof, to all municipal corporations within the state, to persons, partnerships,...

  • chapter exclusive
    • 22-3-7-6. Rights and remedies under chapter exclusive
The rights and remedies granted under this chapter to an employee subject to this chapter on account of disablement or death by occupational disease arising out of and in the course of the...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-7. Employers and employees not relieved from statutory duties or penalties
Nothing in this chapter shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty. ...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-8. Injury or death occurring outside state
Every employer and employee under this chapter shall be bound by the provisions of this chapter whether exposure and disablement therefrom or death resulting from an occupational disease occurs...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-9. Definitions -- Employees excepted from coverage -- Double compensation for certain minors -- Limitation of actions
(a) As used in this chapter, employer includes the state and any political subdivision, any municipal corporation within the state, any individual or the legal representative of a deceased...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-9.2. Violation of child labor laws of this state defined
As used in section 9(c) [IC 22-3-7-9(c)] of this chapter, the term violation of the child labor laws of this state means a violation of IC 20-8.1-4-25. The term does not include a violation of...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-10. Occupational disease defined -- Disease arising out of employment
(a) As used in this chapter, occupational disease means a disease arising out of and in the course of the employment. Ordinary diseases of life to which the general public is exposed outside of...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-10.5. Restriction on determination of average weekly wages of public employees
For purposes of this chapter, the average weekly wages of a public employee shall be determined without regard to any salary reduction agreement under Section 125 of the Internal Revenue Code. ...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-11. Death -- Compensation -- Amounts
On and after April 1, 1957, and prior to April 1, 1967, when death results from an occupational disease within four hundred (400) weeks, there shall be paid to total dependents of said deceased,...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-12. Classes of dependents -- Respective rights to compensation
(a) Dependents under this chapter shall consist of the following three (3) classes: (1) Presumptive dependents. (2) Total dependents in fact. (3) Partial dependents in fact. (b)...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-13. Presumptive dependency
(a) The following persons are conclusively presumed to be wholly dependent for support upon a deceased employee and shall constitute the class known as presumptive dependents in section 12 [IC...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-14. Dependency in fact -- Marriage as termination of dependency -- No reinstatement by divorce
Total or partial dependents in fact shall include only those persons related to the deceased employee by blood or by marriage, except an unmarried child under eighteen (18) years of age. Any such...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-15. Burial expense
In all cases of the death of an employee from an occupational disease arising out of and in the course of the employee's employment under such circumstances that the employee would have been...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-16. Compensation schedules for disability and impairment -- Payment
(a) Compensation shall be allowed on account of disablement from occupational disease resulting in only temporary total disability to work or temporary partial disability to work beginning with...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-17. Medical, surgical, hospital and nurse services -- Payment for -- Effect of employee's refusal to accept
(a) During the period of disablement, the employer shall furnish or cause to be furnished, free of charge to the employee, an attending physician for the treatment of his occupational disease, and...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-17.1. Medical provider may not attempt to collect payment from employee
(a) A medical service provider or a medical service provider's agent, servant, employee, assignee, employer, or independent contractor on behalf of the medical service provider may not knowingly...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-17.2. Billing review service -- Determination of pecuniary liability -- Explanation of bill reduction
(a) A billing review service shall adhere to the following requirements to determine the pecuniary liability of an employer or an employer's insurance carrier for a specific service or product...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-18. Lump sum payments -- Petition
(a) Any employer or employee or beneficiary who shall desire to have such compensation, or any unpaid part thereof, paid in a lump sum, may petition the worker's compensation board, asking that...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-19. Minimum and maximum compensation -- Average weekly wages defined
(a) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability under this law with respect to occupational diseases occurring: (1) on...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-20. Medical examinations -- Autopsies -- Effect of refusal
(a) After disablement and during the period of claimed resulting disability or impairment, the employee, if so requested by the employee's employer or ordered by the worker's compensation board,...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-21. Bars to compensation -- Injury within Workmen's Compensation Act -- Knowing misconduct -- Self-inflicted injury -- Intoxication -- Burden of proof
(a) No compensation is allowed for any condition of physical or mental ill-being, disability, disablement, or death for which compensation is recoverable on account of accidental injury under...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-22. Board -- Expenses -- Payment -- Offices -- Sessions
(a) The members of the board and its assistants shall be entitled to receive from the state their actual and necessary expenses while traveling on the business of the board, but such expenses...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-23. Board -- Jurisdiction -- Duties
The worker's compensation board shall have jurisdiction over the operation and administration of the compensation provisions of this chapter, the board shall perform all of the duties imposed upon...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-24. Rules of board -- Procedure, process, witnesses -- Approval of fees of attorneys, physicians, nurses and hospitals -- Employer penalized for bad faith or lack of diligence
(a) The worker's compensation board may make rules not inconsistent with this chapter for carrying out the provisions of this chapter. Processes and procedures under this chapter shall be as...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-25. Forms -- Literature -- Records -- Duty of board
The board shall prepare and cause to be printed, and upon request furnish free of charge to any employer or employee, such blank forms and literature as it shall deem requisite to facilitate or...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-26. Disputes -- Settlement by board
All disputes arising under this chapter, except section 3 [IC 22-3-7-3] of this chapter, if not settled by the agreement of the parties interested therein, with the approval of the board, shall be...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-27. Disputes -- Interpretation of award -- Claim for compensation -- Hearings -- Review by full board -- Judicial review -- Certifying questions of law -- Judgment on award -- Modification of award
(a) If the employer and the employee or the employee's dependents disagree in regard to the compensation payable under this chapter, or, if they have reached such an agreement, which has been...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-28. Board -- Destruction of papers
In order to prevent the accumulation of unnecessary and useless files of papers, the board, in its discretion, may destroy all papers which have been on file for more than two (2) years when there...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-29. Preference of compensation against employer's assets -- Claims not assignable -- Exempt from creditors -- Exception
(a) All rights of compensation granted by this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-30. Agreements for compensation -- Filing with board -- Enforceability
(a) If, after seven (7) days from the date of disablement or any time, in case of death, the employer and the employee or his dependents reach an agreement in regard to compensation under this...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-31. Waiver of provisions of chapter
(a) No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this chapter in regard to the amount of compensation which may be payable to such...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-32. Notice to employer -- Limitation of actions
(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...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-33. Exposure of employee to hazard -- Employer and insurance carrier liable
(a) An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when for any length of time, however short, he is employed in an occupation or process...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-34. Insurance -- Penalty for noncompliance
(a) As used in this section, person does not include an owner who contracts for performance of work on the owner's owner occupied residential property. (b) Every employer bound by the...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-34.5. Certificate of exemption for independent contractor who does not make an election
(a) As used in this section, independent contractor refers to a person described in section 9(b)(5) [IC 22-3-7-9(b)(5)] of this chapter. (b) As used in this section, person means an...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-35. Employer not relieved by contract, rule, or regulation
No contract or agreement, written or implied, rule, regulation, or other device shall in any manner operate to relieve any employer, in whole or in part, of any obligation created by this chapter,...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-36. Third party liability -- Employer's lien on settlement -- Subrogation of claim -- Limitation of actions -- Costs -- Release and satisfaction
(a) Whenever disablement or death from an occupational disease arising out of and in the course of the employment for which compensation is payable under this chapter, shall have been sustained...

  • chapter 7.  OCCUPATIONAL DISEASES
    • 22-3-7-37. Employer -- Records and reports concerning disablement -- Penalty for violation -- Venue -- Prosecution of violations
(a) Every employer operating under the compensation provisions of this chapter shall keep a record of all disablements by occupational disease, fatal or otherwise, received by his employees in the...

  • chapter 8.  CLAIM REPRESENTATION
    • 22-3-8-1. Worker's compensation board -- Admission to practice law required
Any person representing any plaintiff or defendant in the prosecution or defense of any claim or claims before the worker's compensation board must be admitted to practice law in the circuit or...

  • chapter 8.  CLAIM REPRESENTATION
    • 22-3-8-2. Registration -- Oath as to qualifications
(a) All persons so representing plaintiffs or defendants as provided by section 1 [IC 22-3-8-1] of this chapter shall first register their names with the worker's compensation board in a manner...

  • chapter 9.  EMPLOYER LIABILITY
    • 22-3-9-1. Liability of employers
Any person, firm, limited liability company, or corporation while engaged in business, trade or commerce within this state, and employing in such business, trade or commerce five (5) or more...

  • chapter 9.  EMPLOYER LIABILITY
    • 22-3-9-2. Defenses of employer -- Limitations -- Pleading -- Burden of proof
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...

  • chapter 9.  EMPLOYER LIABILITY
    • 22-3-9-3. Risks of employment -- Assumption -- Burden of proof
In any action brought against any employer under or by virtue of this chapter to recover damages for injuries or the death of any of his, its, or their employees, such employee shall not be held...

  • chapter 9.  EMPLOYER LIABILITY
    • 22-3-9-4. Damages -- Survival of action -- Appeal -- Death
The damages recoverable under this chapter shall be commensurate with the injuries sustained, and in case death results from such injury the action shall survive; provided, that where any such...

  • chapter 9.  EMPLOYER LIABILITY
    • 22-3-9-5. Contract exempting employer void -- Setoff for benefits paid
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 9.  EMPLOYER LIABILITY
    • 22-3-9-6. Death -- Damages -- Parties
Where any action is brought on account of the death of any person under this chapter, the liability of any such employer shall not exceed ten thousand dollars ($ 10,000), and the provisions of the...

  • chapter 9.  EMPLOYER LIABILITY
    • 22-3-9-7. Questions of fact on trial
All questions of assumption of risk, negligence or contributory negligence shall be questions of fact for the jury to decide, unless the cause is being tried without a jury, in which case, such...

  • chapter 9.  EMPLOYER LIABILITY
    • 22-3-9-8. Limitation on actions
No action shall be maintained under this chapter unless the same is commenced within two (2) years from the date the cause of action accrued. ...

  • chapter 9.  EMPLOYER LIABILITY
    • 22-3-9-10. Not retroactive -- Pending litigation
This chapter shall not apply to injuries received by any employee before March 2, 1911, nor affect any suit or legal proceedings pending in any court on March 2, 1911. ...

  • chapter supplemental -- Repealer -- Saving clause
    • 22-3-9-11. Chapter supplemental -- Repealer -- Saving clause
This chapter shall be construed as supplemental to all statutes in force on March 2, 1911, concerning employers and employees and shall repeal only such statutes as are in direct conflict with the...

  • chapter 10.  CLAIM RELEASES
    • 22-3-10-1. Contracts -- Release for injuries -- Invalidity
All contracts between employer and employee releasing the employer from liability for damages arising out of the negligence of the employer by which the employee is injured, or, in case of the...

  • chapter 10.  CLAIM RELEASES
    • 22-3-10-2. Release of third persons -- Contracts void
All contracts between employer and employee releasing third persons, copartnerships or corporations from liability for damages arising out of the negligence of such third persons, copartnerships...

  • chapter 10.  CLAIM RELEASES
    • 22-3-10-3. Release of employer -- Contracts with third persons void -- Exceptions
All contracts between an employee and a third person, copartnership, or corporation in which it is agreed that the employer of such employee shall be released from liability for damages of such...

  • chapter 11.  RESIDUAL ASBESTOS INJURY FUND
    • 22-3-11-2. Payment of assessment by insurance carriers and employers
(a) This section applies to: (1) Each insurance carrier insuring employers who may be or who are liable under IC 22-3-2 through IC 22-3-7 to pay compensation; and (2) Each employer carrying...

  • chapter 11.  RESIDUAL ASBESTOS INJURY FUND
    • 22-3-11-3. Eligibility for benefits -- Payment of benefits upon death of employee
(a) An employee who: (1) Becomes totally and permanently disabled: (A) On or after July 1, 1985, from an exposure to asbestos in employment before July 1, 1988; or (B) Before July...

  • chapter 11.  RESIDUAL ASBESTOS INJURY FUND
    • 22-3-11-4. Additional benefits
(a) An employee who has exhausted the fifty-two (52) week maximum may be awarded additional compensation by the board in periods of no more than fifty-two (52) weeks upon determination that the...

  • chapter 11.  RESIDUAL ASBESTOS INJURY FUND
    • 22-3-11-5. Expert medical testimony
The board may secure expert medical testimony as it considers necessary at the expense of the fund to protect the fund against questionable claims for benefits. ...

  • chapter 12.  VOCATIONAL REHABILITATION
    • 22-3-12-1. Eligibility
An injured employee, who as a result of an injury or occupational disease is unable to perform work for which the employee has previous training or experience, is entitled to vocational...

  • chapter 12.  VOCATIONAL REHABILITATION
    • 22-3-12-3. Report transmitted to local office
Upon receipt of a report of injury under section 2 [IC 22-3-12-2] of this chapter, the office of vocational rehabilitation shall immediately send a copy of the report to the local office of...

  • chapter 12.  VOCATIONAL REHABILITATION
    • 22-3-12-4. Explanation of services available
(a) The local office of vocational rehabilitation shall, upon receipt of the report of injury, immediately provide the injured employee with a written explanation of: (1) The rehabilitation...

  • chapter 12.  VOCATIONAL REHABILITATION
    • 22-3-12-5. Effect on employee's right to benefits
Nothing contained in this chapter shall be construed to affect an injured employee's status regarding any benefit provided under IC 22-3-2 through IC 22-3-7. ...

  • chapter 1.  DECLARATION OF PUBLIC POLICY
    • 22-4-1-1. Protection against economic insecurity due to unemployment
As a guide to the interpretation and application of this article, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is declared hereby to be a...

  • chapter 2.  DEFINITIONS
    • 22-4-2-1. Benefits defined
As used in this article, unless the context clearly requires otherwise, benefits means the money payments payable to an eligible individual as provided in this article with respect to his...

  • chapter 2.  DEFINITIONS
    • 22-4-2-3. Board defined
Board means the unemployment insurance board established by this article. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-3.5. Commissioner defined
Commissioner refers to the commissioner of workforce development. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-4. Contributions defined
Contributions means the money payments to the unemployment insurance benefit fund required and provided by the terms of this article. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-5. [Repealed.]
...

  • chapter 2.  DEFINITIONS
    • 22-4-2-6. State defined
State means and includes the several states of the United States of America, the District of Columbia of the United States of America, the Commonwealth of Puerto Rico, the Virgin Islands and the...

  • chapter 2.  DEFINITIONS
    • 22-4-2-7. Employment office defined
Employment office means a free public employment office or branch thereof, maintained and operated by this state, any other state or jurisdiction, or by any agency or instrumentality of the...

  • chapter 2.  DEFINITIONS
    • 22-4-2-9. Fund defined
Fund means the unemployment insurance benefit fund, established by IC 22-4-26-1, in which all contributions required, all payments in lieu of contributions, and all money received from the...

  • chapter 2.  DEFINITIONS
    • 22-4-2-10. Special employment and training services fund defined
Special employment and training services fund means the special administrative fund created under IC 22-4-25. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-11. Department defined
Department means the department of workforce development. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-12. Base period defined
Base period means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit period: Provided, however, That for a claim...

  • chapter 2.  DEFINITIONS
    • 22-4-2-12.5. Base period for individuals receiving worker's compensation benefits
Notwithstanding section 12 [IC 22-4-2-12] of this chapter, for an individual who during the base period as defined in that section has received worker's compensation benefits under IC 22-3-3 for...

  • chapter 2.  DEFINITIONS
    • 22-4-2-14. Week defined
Except as provided in IC 22-4-5-3, week means a calendar week. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-15. Weekly benefit amount defined
Weekly benefit amount means the amount of benefits an eligible individual would be entitled to receive for a particular week of total unemployment. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-16. Annual payroll defined
Annual payroll means the total amount of wages for employment paid by an employer during the twelve (12) consecutive calendar month period ending on the computation date of any calendar year,...

  • chapter 2.  DEFINITIONS
    • 22-4-2-17. Computation date defined
Computation date means June 30 of the year preceding the effective date of new rates of contribution, except that in the event, after having been legally terminated, an employer again becomes...

  • chapter 2.  DEFINITIONS
    • 22-4-2-17.5. Determination date defined
Determination date means September 30 of each year. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-19. Agency defined
Agency means any officer, board, commission, or other authority designated by an unemployment insurance law in force in any state or in Canada to administer the unemployment insurance fund for...

  • chapter 2.  DEFINITIONS
    • 22-4-2-20. Jurisdiction defined
Jurisdiction means any state or Canada. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-21. Benefit period defined
Benefit period with respect to any individual means the fifty-two-consecutive-week period beginning with the first week as of which an insured worker first files an initial claim for...

  • chapter 2.  DEFINITIONS
    • 22-4-2-22. Valid claim defined
Valid claim means a claim filed by an individual who has established qualifying wage credits and who is totally, partially, or part-totally unemployed; Provided, no individual in a benefit...

  • chapter 2.  DEFINITIONS
    • 22-4-2-23. Initial claim defined
Initial claim means a written application, in a form prescribed by the board, made by an individual for the determination of his status as an insured worker. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-24. Additional claim defined
Additional claim means a written application for a determination of benefit eligibility, made by an individual in a form prescribed by the board, to begin a second or subsequent series of claims...

  • chapter 2.  DEFINITIONS
    • 22-4-2-25. Insured worker defined
Insured worker means an individual who, with respect to a base period, meets the qualifying wage requirements of IC 22-4-14-5. ...

  • chapter 2.  DEFINITIONS
    • 22-4-2-26. Insured work defined
Insured work means employment in the service of an employer. ...

  • chapter 2.  DEFINITIONS
    • § 22-4-2-27, 22-4-2-28. [Repealed.]
...

  • chapter 2.  DEFINITIONS
    • 22-4-2-29. Insured unemployment defined
Insured unemployment means unemployment during a given week for which waiting period credit or benefits are claimed under the state employment security program, the unemployment compensation for...

  • chapter 2.  DEFINITIONS
    • 22-4-2-30. Hospital defined
For all purposes of this article, the term hospital means: (1) An institution defined in IC 16-18-2-179(b) and licensed by the state department of health; or (2) A state institution (as...

  • chapter 2.  DEFINITIONS
    • 22-4-2-32. Payment in lieu of contributions defined
Payment in lieu of contributions means the required reimbursements by employers of benefits paid attributable to services performed for such employers which are liable to make these payments as...

  • chapter 2.  DEFINITIONS
    • 22-4-2-33. New work defined
The term new work wherever used in this article including IC 1971, 22-4-15-2 means (a) work offered to an individual by an employer with whom he has never had a contract of employment; (b) work...

  • chapter 2.  DEFINITIONS
    • 22-4-2-34. Extended benefits -- Definitions
(a) With respect to benefits for weeks of unemployment beginning after August 13, 1981, extended benefit period means a period which begins with the third week after a week for which there is a...

  • chapter 2.  DEFINITIONS
    • 22-4-2-35. Employer's credit reserve ratio
An employer's credit reserve ratio is determined on the basis of the relationship that the credit balance shown by his experience account as of the computation date bears to the wages paid by the...

  • chapter 2.  DEFINITIONS
    • 22-4-2-36. Employer's debit reserve ratio
An employer's debit reserve ratio is determined on the basis of the relationship that the debit balance shown by his experience account as of the computation date bears to the wages paid by the...

  • chapter 2.  DEFINITIONS
    • 22-4-2-37. School defined
For the purposes of IC 22-4-8-2(j)(3)(C), school means an educational institution that is accredited and approved by the Indiana state board of education and is an academic school system,...

  • chapter 2.  DEFINITIONS
    • 22-4-2-38. Review board defined
As used in this article, review board means the unemployment insurance review board. ...

  • chapter 3.  UNEMPLOYMENT
    • 22-4-3-1. Total unemployment
An individual shall be deemed totally unemployed in any week with respect to which no remuneration was payable to him for personal services. ...

  • chapter 3.  UNEMPLOYMENT
    • 22-4-3-2. Partial unemployment -- Straight commission basis
An individual is partially unemployed when, because of lack of available work, he is working less than his normal customary full-time hours for his regular employer and his remuneration is less...

  • chapter 4.  REMUNERATION, WAGES AND WAGE CREDITS
    • 22-4-4-1. Remuneration defined -- Exclusions
Remuneration whenever used in this article, unless the context clearly denotes otherwise, means all compensation for personal services, including but not limited to commissions, bonuses,...

  • chapter 4.  REMUNERATION, WAGES AND WAGE CREDITS
    • 22-4-4-2. Wages defined -- Items included
(a) Except as otherwise provided in this section, wages means all remuneration as defined in section 1 [IC 22-4-4-1] of this chapter paid to an individual by an employer, remuneration received...

  • chapter 4.  REMUNERATION, WAGES AND WAGE CREDITS
    • 22-4-4-3. Wage credits defined
(a) For calendar quarters beginning on and after April 1, 1979, and before April 1, 1984, wage credits means remuneration paid for employment by an employer to an individual. Wage credits may...

  • chapter 4.  REMUNERATION, WAGES AND WAGE CREDITS
    • 22-4-4-4. Previously uncovered services
With respect to weeks of unemployment beginning on or after January 1, 1978, wages for insured work includes wages paid for previously uncovered services. For the purposes of this section, the...

  • chapter 5.  DEDUCTIBLE INCOME
    • 22-4-5-1. Deductible income defined -- Exclusions
(a) Deductible income wherever used in this article, means income deductible from the weekly benefit amount of an individual in any week, and shall include, but shall not be limited to: (1)...

  • chapter 5.  DEDUCTIBLE INCOME
    • 22-4-5-3. Deductible income -- Use of work week specified in contract
(a) This section applies for purposes of deductible income only. (b) If: (1) An employee and an employing unit have agreed in a labor contract, that is negotiated on or before May 10, 1987, and...

  • chapter 6.  EMPLOYING UNITS
    • 22-4-6-1. Employing unit defined
(a) Employing unit means any individual or type of organization, including any partnership, association, trust, joint venture, estate, joint stock company, insurance company, corporation,...

  • chapter 6.  EMPLOYING UNITS
    • 22-4-6-2. Liability of educational employment units for contributions -- Individuals working for board, room, tuition or fees
For the purpose of determining the liability of an employing unit for the payment of contributions and the number of individuals performing services for remuneration, or under any contract of...

  • chapter 6.  EMPLOYING UNITS
    • 22-4-6-3. Employing unit defined where employee works for two or more related corporations
(a) If two (2) or more related corporations concurrently employ the same individual and compensate that individual through a common paymaster that is one (1) of the corporations, those...

  • chapter 7.  EMPLOYERS
    • 22-4-7-1. Employer and employment defined
Prior to January 1, 1978, employer means any employing unit which for some portion of a day, but not necessarily simultaneously, in each of twenty (20) different weeks, whether or not such weeks...

  • chapter 7.  EMPLOYERS
    • 22-4-7-3. Seasonal employer -- Seasonal determination
(a) As used in this article, seasonal employer means an employer that, because of climatic conditions or the seasonal nature of a product or service, customarily operates all or a portion of its...

  • chapter 8.  EMPLOYMENT
    • 22-4-8-1. Employment defined
Employment, subject to the other provisions of this Section, means service, including service in interstate commerce performed for remuneration or under any contract of hire, written or oral,...

  • chapter 8.  EMPLOYMENT
    • 22-4-8-2. Services included under employment
The term employment shall include: (a) An individual's entire service performed within or both within and without this state if the service is localized in this state. (b) An individual's...

  • chapter 8.  EMPLOYMENT
    • 22-4-8-3. Services excluded from employment
Employment shall not include the following: (a) Except as provided in section 2(i) of this chapter, service performed prior to January 1, 1978, in the employ of this state, any other state,...

  • chapter 8.  EMPLOYMENT
    • 22-4-8-4. Seasonal employment -- Seasonal worker
(a) As used in this article, seasonal employment means services performed for a seasonal employer during the seasonal period in the employer's seasonal operations, after the effective date of a...

  • chapter 9.  PERIOD, ELECTION AND TERMINATION OF EMPLOYER'S COVERAGE
    • 22-4-9-1. Employing unit becoming employer subject to chapter
Any employing unit which is or becomes an employer subject to this article within any calendar year shall be subject to this article during the whole of such calendar year, except as is otherwise...

  • chapter 9.  PERIOD, ELECTION AND TERMINATION OF EMPLOYER'S COVERAGE
    • 22-4-9-2. Employing unit -- Termination of liability as employer
Except as otherwise provided in IC 22-4-7-2(f), IC 22-4-9-4, and IC 22-4-9-5, an employing unit shall cease to be an employer subject to this article only as of January 1 of any calendar year, if...

  • chapter 9.  PERIOD, ELECTION AND TERMINATION OF EMPLOYER'S COVERAGE
    • 22-4-9-3. Successor employer -- Predecessor employer
Any employer subject to the article as successor to an employer pursuant to the provisions of Subsections (a) or (b) of IC 1971, 22-4-7-2 hereof shall cease to be an employer at the end of the...

  • chapter 9.  PERIOD, ELECTION AND TERMINATION OF EMPLOYER'S COVERAGE
    • 22-4-9-4. Election to become employer -- Time limit -- Termination of voluntary election
Any employing unit not otherwise subject to this article which files with the board its written election to become an employer subject to this article for not less than two (2) calendar years...

  • chapter 9.  PERIOD, ELECTION AND TERMINATION OF EMPLOYER'S COVERAGE
    • 22-4-9-5. Election of excluded employing units to become subject to article
An employing unit for which services, as specifically excluded by IC 22-4-8-3, are performed, may file with the commissioner its written election to consider all such services for such employing...

  • chapter 9.  PERIOD, ELECTION AND TERMINATION OF EMPLOYER'S COVERAGE
    • 22-4-9-6. Posted notices of election or termination of employer status required -- Distribution of literature to employees
Every employer subject to this article or who has ceased to be subject to this article pursuant to section 2 [IC 22-4-9-2] of this chapter shall post and maintain printed notices thereof on its...

  • chapter 10.  CONTRIBUTIONS
    • 22-4-10-2. Payment of contributions -- Fractional part of cent
In the payment of any contribution, a fractional part of a cent shall be disregarded unless it amounts to one-half cent ( 1/2 cent) or more, in which case it shall be increased to one cent (1...

  • chapter 10.  CONTRIBUTIONS
    • 22-4-10-3. Percentage of wages paid as contributions
Except as provided in section 1(a) [IC 22-4-10-1(a)] of this chapter, each employer shall pay contributions equal to the following percentage of wages: (a) Five and four-tenths percent (5.4%),...

  • chapter 10.  CONTRIBUTIONS
    • 22-4-10-4. Separate experience account for each employer -- Separate accounts for payments in lieu of contributions
Except as provided in section 1(a) [IC 22-4-10-1(a)] of this chapter, the commissioner shall maintain within the fund a separate experience account for each employer and shall credit to such...

  • chapter 10.  CONTRIBUTIONS
    • 22-4-10-5. Voluntary payments by employer -- Credited to experience account -- No refund
Any employer may make voluntary payments in addition to the contributions required under this article, and the same shall be credited to its experience account. Such voluntary contributions shall...

  • chapter 10.  CONTRIBUTIONS
    • 22-4-10-6. Change of status of employing unit or employer -- Notice to commissioner -- Assumption of position as employer -- Acquirement of experience accounts, rate of contribution
(a) When an employing unit (whether or not an employing unit at the time of the acquisition) becomes an employer under IC 22-4-7-2(a), or when an employer acquires the organization, trade, or...

  • chapter 10.  CONTRIBUTIONS
    • 22-4-10-7. Payments by prior employer as credit payments by successor -- Payment of benefits to individual not affected by reflection of experience account
When an employing unit (whether or not an employing unit prior thereto) assumes all of the resources and liabilities of the experience account of a predecessor employer, as provided in IC 1971,...

  • chapter 10.5.  SKILLS 2016 TRAINING PROGRAM
    • 22-4-10.5-1. Applicability
This chapter applies to years beginning after December 31, 2001, and ending before January 1, 2005. ...

  • chapter 10.5.  SKILLS 2016 TRAINING PROGRAM
    • 22-4-10.5-2. Establishment -- Purpose
The skills 2016 training program is established for the following purposes: (1) To improve manufacturing productivity levels in Indiana. (2) To enable firms to become competitive by making...

  • chapter 10.5.  SKILLS 2016 TRAINING PROGRAM
    • 22-4-10.5-3. Basis of assessment
The skills 2016 training assessment is nine hundredths percent (0.09%) to be assessed upon the previous year's taxable wages (as defined in IC 22-4-4-2) paid by all employers except those who have...

  • chapter 10.5.  SKILLS 2016 TRAINING PROGRAM
    • 22-4-10.5-4. Accrual -- Payable by each employer
(a) Skills 2016 training assessments accrue and are payable by each employer under section 3 [IC 22-4-10.5-3] of this chapter for each calendar year in which the employer is subject to IC...

  • chapter 10.5.  SKILLS 2016 TRAINING PROGRAM
    • 22-4-10.5-5. Collection of delinquent assessments
Delinquent or unpaid skills 2016 training assessments shall be collected in a manner provided for the collection of unemployment insurance taxes. ...

  • chapter 10.5.  SKILLS 2016 TRAINING PROGRAM
    • 22-4-10.5-6. Administration by department of workforce development
The skills 2016 training program is to be administered by the department of workforce development in the manner prescribed by IC 22-4-18.3. ...

  • chapter 10.5.  SKILLS 2016 TRAINING PROGRAM
    • 22-4-10.5-7. Deposit of assessments
The department shall deposit skills 2016 training assessments paid to the department under this chapter in the skills 2016 training fund established by IC 22-4-24.5-1. ...

  • chapter 10.5.  SKILLS 2016 TRAINING PROGRAM
    • 22-4-10.5-8. Interest and penalties
(a) Skills 2016 assessments unpaid on the date on which they are due and payable bear interest at the rate of one percent (1%) per month or fraction of a month from and after that date until...

  • chapter 10.5.  SKILLS 2016 TRAINING PROGRAM
    • 22-4-10.5-9. Annual report
For each state fiscal year, the department shall prepare an annual report on the use of the skills 2016 training funds as a part of the report required by IC 22-4-18-7. ...

  • chapter 11.  MERIT RATING
    • 22-4-11-1. Charging employers' experience or reimbursable accounts with benefits -- Wages paid by two or more employers
(a) For the purpose of charging employers' experience or reimbursable accounts with regular benefits paid subsequent to July 3, 1971, to any eligible individual but except as provided in IC...

  • chapter 11.  MERIT RATING
    • 22-4-11-2. Employers' contribution rates
(a) The commissioner shall for each year determine the contribution rate applicable to each employer. (b) The balance shall include contributions with respect to the period ending on the...

  • chapter 11.  MERIT RATING
    • 22-4-11-3.1. [Repealed.]
...

  • chapter 11.  MERIT RATING
    • 22-4-11-3.2. Employer contribution rates for years 2001 and 2002
(a) For calendar year 2001, all employers shall have a contribution rate as set forth in rate schedule E in section 3 [IC 22-4-11-3] of this chapter. (b) For calendar year 2002, all eligible...

  • chapter 11.  MERIT RATING
    • 22-4-11-3.3. Rate schedule for accounts
(a) For calendar years 2002 through 2004, if the conditions of section 2 of this chapter are met, the rate of contributions shall be determined and assigned, with respect to each calendar year, to...

  • chapter 11.  MERIT RATING
    • 22-4-11-4. Effect of failing to file, or filing incorrect, payroll report
(a) If the commissioner finds that any employer has failed to file any payroll report or has filed a report which the commissioner finds incorrect or insufficient, the commissioner shall make an...

  • chapter 12.  BENEFITS
    • 22-4-12-1. Payments, how made
Benefits designated as unemployment compensation benefits shall become payable from the fund to any individual who is or becomes unemployed and eligible for benefits under the terms of this...

  • chapter 12.  BENEFITS
    • 22-4-12-2. Weekly benefits -- Total, partial, and or part-total unemployment
(a) With respect to initial claims filed for any week beginning on and after July 6, 1980, and before July 7, 1985, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1)...

  • chapter 12.  BENEFITS
    • 22-4-12-2.1. Dependent defined
For the purposes of section 2(a) [IC 22-4-12-2(a)] of this chapter and with respect to initial claims filed for any week beginning on and after July 5, 1987, dependent includes a person who:...

  • chapter 12.  BENEFITS
    • 22-4-12-3. Employee unavailable for work, reduction of benefit
The weekly benefit amount of any otherwise eligible individual shall be reduced by one-third (1 3) thereof, computed to the next lower multiple of one dollar ($ 1.00), for each normal work day...

  • chapter 12.  BENEFITS
    • 22-4-12-4. Computation of benefits -- Maximum total amount -- Disaster relief benefits
(a) Benefits shall be computed upon the basis of wage credits of an individual in his base period. Wage credits shall be reported by the employer and credited to the individual in the manner...

  • chapter 12.  BENEFITS
    • 22-4-12-5. Part-time worker defined -- Rules applicable to such workers
(a) As used in this section, the term part-time worker means an individual whose normal work is in an occupation in which his services are not required for the customary scheduled full-time...

  • chapter 13.  IMPROPER PAYMENTS
    • 22-4-13-1. Repayment required -- Exceptions -- Credit to employer's experience account -- Overpayment of benefits
(a) Any individual who makes, or causes to be made by another, a false statement or representation of a material fact knowing it to be false or knowingly fails, or causes another to fail, to...

  • chapter 13.  IMPROPER PAYMENTS
    • 22-4-13-2. [Repealed.]
...

  • chapter 13.  IMPROPER PAYMENTS
    • 22-4-13-3. Overpayment of benefits created by retroactive payment by employer for certain awards
If an overpayment of benefits is created by a retroactive payment by the employer for: (1) Awards by the National Labor Relations Board of additional pay, backpay, or for loss of employment;...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-1. Claim for benefits required
An unemployed individual shall be eligible to receive benefits with respect to any week only if: He has made a claim for benefits in accordance with the provisions of IC 1971, 22-4-17-1 hereof:...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-2. Registration and report for work -- Excused for cause shown -- Job counseling
(a) An unemployed individual is eligible to receive benefits with respect to any week only if the individual has: (1) Registered for work at an employment office or branch thereof or other...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-3. Individual must be able to work, available for work and making effort to secure work -- Reemployment services
(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the individual: (1) Is physically and mentally able to work; (2) Is available for work;...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-4. Waiting period -- Requirements
As a condition precedent to the payment of benefits to an individual with respect to any week such individual shall be required to serve a waiting period of one (1) week in which he has been...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-5. Minimum wage credit requirements
(a) As further conditions precedent to the payment of benefits to an individual with respect to benefit periods established on and after July 6, 1980, and before July 7, 1985: (1) The...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-7. Services performed for educational institutions
(a) Benefits based on service in employment defined in IC 22-4-8-2(i) and IC 22-4-8-2(j) shall be payable in the same amount, on the [same] terms, and subject to the same conditions as...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-8. Service which consists of participating in sports or athletic events -- Other employment during base period
For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid to any individual on the basis of any service substantially all of which consists of participating in...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-9. Benefits based on services performed by aliens
For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid on the basis of services performed by an alien unless the alien is an individual who has been lawfully...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-10. [Repealed.]
...

  • chapter 14.  BENEFIT ELIGIBILITY CONDITIONS
    • 22-4-14-11. Benefits based on seasonal employment -- Seasonal determination -- Loss of seasonal status -- Wage reports by seasonal employers -- Rules for determination of seasonal periods
(a) For weeks of unemployment occurring after October 1, 1983, benefits may be paid to an individual on the basis of service performed in seasonal employment (as defined in IC 22-4-8-4) only if...

  • chapter 15.  DISQUALIFICATION FOR BENEFITS
    • 22-4-15-1. Grounds for disqualification -- Exceptions
(a) With respect to benefit periods established on and after July 6, 1980, an individual who has voluntarily left the individual's most recent employment without good cause in connection with the...

  • chapter 15.  DISQUALIFICATION FOR BENEFITS
    • 22-4-15-3. Work stoppage because of labor dispute -- Individual not participating -- Separate units of work -- Exception
(a) An individual shall be ineligible for waiting period or benefit rights for any week with respect to which his total or partial or part-total unemployment is due to a labor dispute at the...

  • chapter 15.  DISQUALIFICATION FOR BENEFITS
    • 22-4-15-4. Income received from other sources -- Receipt of retirement benefits
(a) An individual shall be ineligible for waiting period or benefit rights: For any week with respect to which the individual receives, is receiving, or has received payments equal to or exceeding...

  • chapter 15.  DISQUALIFICATION FOR BENEFITS
    • 22-4-15-5. Unemployment compensation from the United States or other states
Except as provided in IC 1971, 22-4-22, an individual shall be ineligible for waiting period or benefit rights: For any week with respect to which or a part of which he receives, is receiving, has...

  • chapter 15.  DISQUALIFICATION FOR BENEFITS
    • 22-4-15-6. [Repealed.]
...

  • chapter 15.  DISQUALIFICATION FOR BENEFITS
    • 22-4-15-6.1. Discharge for gross misconduct
Notwithstanding any other provisions of this article, all of the individual's wage credits established prior to the day upon which the individual was discharged for gross misconduct in connection...

  • chapter 15.  DISQUALIFICATION FOR BENEFITS
    • 22-4-15-7. [Repealed.]
...

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-1. Regulations -- Posters concerning regulations -- Announcements and notice regarding extended benefits
(a) Claims for benefits shall be made in accordance with such regulations as the board may prescribe; however, the board shall prescribe reasonable procedures consistent with the provisions of...

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-2. Examination and determination of claims -- Notice -- Requests for review -- Hearings -- Correction of errors
(a) When an individual files an initial claim, the department shall promptly make a determination of his status as an insured worker in a form prescribed by the board. A written notice of the...

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-2.5. Withholding of income taxes
(a) When an individual files an initial claim, the individual shall be advised of the following: (1) Unemployment compensation is subject to federal, state, and local income taxes. (2)...

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-3. Hearing before administrative law judge -- Ruling on finding of deputy -- Notice of decision -- Appeal
Unless such request for hearing is withdrawn, an administrative law judge, after affording the parties a reasonable opportunity for fair hearing, shall affirm, modify, or reverse the findings of...

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-5. Review board -- Transfer of proceedings from administrative law judge -- Notice -- Hearings
(a) The governor shall appoint a review board composed of three (3) members, not more than two (2) of whom shall be members of the same political party, with salaries to be fixed by the governor....

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-6. Disputed claims -- Procedure -- Notice of hearing -- Continuance
The manner in which disputed claims shall be presented and the conduct of hearings and appeals shall be in accordance with rules adopted by the board for determining the rights of the parties,...

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-7. Subpoena of witnesses and gathering of evidence authorized
In the discharge of the duties imposed by this article, any member of the board, the review board, or an administrative law judge, or any duly authorized representative of any of them, shall have...

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-8. Enforcement of subpoenas
In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which...

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-8.5. Hearing by telephone
An administrative law judge and the review board may hold a hearing under this chapter by telephone if any of the following conditions exist: (1) The claimant or the employer is not located in...

  • chapter 17.  CLAIMS FOR BENEFITS
    • 22-4-17-9. Self-incriminating evidence -- Immunity from prosecution -- Use in civil actions prohibited -- Exceptions
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the board, the review board, an administrative law...

  • chapter 17.  CLAIMS FOR BENEFITS