Mandatory compliance; exemptions
Sec. 2. (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 for personal injury or death by accident arising out of
and in the course of the employment, and shall be bound thereby.
(b) IC 22-3-2 through IC 22-3-6 does not apply to railroad
employees engaged in train service as:
(1) engineers;
(2) firemen;
(3) conductors;
(4) brakemen;
(5) flagmen;
(6) baggagemen; or
(7) foremen in charge of yard engines and helpers assigned
thereto.
(c) IC 22-3-2 through IC 22-3-6 does not apply to employees of
municipal corporations in Indiana who are members of:
(1) the fire department or police department of any such
municipality; and
(2) a firefighters' pension fund or of a police officers' pension
fund.
However, if the common council elects to purchase and procure
worker's compensation insurance to insure said employees with
respect to medical benefits under IC 22-3-2 through IC 22-3-6, the
medical provisions of IC 22-3-2 through IC 22-3-6 apply to members
of the fire department or police department of any such municipal
corporation who are also members of a firefighters' pension fund or
a police officers' pension fund.
(d) IC 22-3-2 through IC 22-3-6 do not apply to the following:
(1) A person who enters into an independent contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
(2) A nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(e) When any municipal corporation purchases or procures
worker's compensation insurance covering members of the fire
department or police department who are also members of a
firefighters' pension fund or a police officers' pension fund, and pays
the premium or premiums for such insurance, the payment of such
premiums is a legal and allowable expenditure of funds of any
municipal corporation.
(f) Except as provided in subsection (g), where the common
council has procured worker's compensation insurance under this
section, any member of such fire department or police department
employed in the city carrying such worker's compensation insurance
under this section is limited to recovery of medical and surgical care,
medicines, laboratory, curative and palliative agents and means,
x-ray, diagnostic and therapeutic services to the extent that such
services are provided for in the worker's compensation policy
procured by such city, and shall not also recover in addition to that
policy for such same benefits provided in IC 36-8-4.
(g) If the medical benefits provided under a worker's
compensation policy procured by the common council terminate for
any reason before the police officer or firefighter is fully recovered,
the common council shall provide medical benefits that are necessary
until the police officer or firefighter is no longer in need of medical
care.
(h) The provisions of IC 22-3-2 through IC 22-3-6 apply to:
(1) members of the Indiana general assembly; and
(2) field examiners of the state board of accounts.
(Formerly: Acts 1929, c.172, s.2; Acts 1937, c.214, s.7; Acts 1943,
c.114, s.1; Acts 1953, c.260, s.1; Acts 1963, c.387, s.1; Acts 1971,
P.L.352, SEC.1; Acts 1972, P.L.173, SEC.1; Acts 1974, P.L.108,
SEC.2.) As amended by Acts 1981, P.L.11, SEC.125; P.L.28-1988,
SEC.21; P.L.217-1989, SEC.1; P.L.201-2005, SEC.1.
Last modified: May 27, 2006