School to work student
Sec. 2.5. (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 (20 U.S.C. 6101 et seq.).
(b) Except as provided in IC 22-3-7-2.5, a school to work student
is entitled to the following compensation and benefits under this
article:
(1) Medical benefits under IC 22-3-2 through IC 22-3-6.
(2) Permanent partial impairment compensation under
IC 22-3-3-10. Permanent partial impairment compensation for
a school to work student shall be paid in a lump sum upon
agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred
seventy-five thousand dollars ($175,000), payable upon
agreement or final award to any dependents of the student
under IC 22-3-3-18 through IC 22-3-3-20, or, if the student
has no dependents, to the student's parents; and
(B) burial compensation under IC 22-3-3-21.
(c) For the sole purpose of modifying an award under
IC 22-3-3-27, a school to work student's average weekly wage is
presumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this article:
(1) Temporary total disability compensation under IC 22-3-3-8.
(2) Temporary partial disability compensation under
IC 22-3-3-9.
(e) Except for remedies available under IC 5-2-6.1, recovery
under subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of and
in the course of school to work employment.
As added by P.L.235-1999, SEC.1.
Last modified: May 27, 2006