Reports of injuries and deaths; violations of article
Sec. 13. (a) Every employer shall keep a record of all injuries,
fatal or otherwise, received by or claimed to have been received by
his employees in the course of their employment. Within seven (7)
days after the occurrence and knowledge thereof, as provided in
IC 22-3-3-1, of any injury to an employee causing his death or his
absence from work for more than one (1) day, a report thereof shall
be made in writing and mailed to the employer's insurance carrier or,
if the employer is self insured, delivered to the worker's
compensation board in the manner provided in subsections (b) and
(c). The insurance carrier shall deliver the report to the worker's
compensation board in the manner provided in subsections (b) and
(c) not later than seven (7) days after receipt of the report or fourteen
(14) days after the employer's knowledge of the injury, whichever is
later. An employer or insurance carrier that fails to comply with this
subsection is subject to a civil penalty of fifty dollars ($50), to be
assessed and collected by the board. Civil penalties collected under
this section shall be deposited in the state general fund.
(b) All insurance carriers, companies who carry risk without
insurance, and third party administrators reporting accident
information to the board in compliance with subsection (a) shall:
(1) report the information using electronic data interchange
standards prescribed by the board no later than June 30, 1999;
or
(2) in the alternative, the reporting entity shall have an
implementation plan approved by the board no later than June
30, 2000, that provides for the ability to report the information
using electronic data interchange standards prescribed by the
board no later than December 31, 2000.
Prior to the June 30, 2000, and December 31, 2000, deadlines, the
reporting entity may continue to report accidents to the board by mail
in compliance with subsection (a).
(c) The report shall contain the name, nature, and location of the
business of the employer, the name, age, sex, wages, occupation of
the injured employee, the date and hour of the accident causing the
alleged injury, the nature and cause of the injury, and such other
information as may be required by the board.
(d) A person who violates any provision of this article, except
IC 22-3-5-1 or IC 22-3-7-34(a) or IC 22-3-7-34(b), commits a Class
C infraction. A person who violates IC 22-3-5-1 or IC 22-3-7-34(a)
or IC 22-3-7-34(b) commits a Class A infraction. The worker's
compensation board in the name of the state may seek relief from any
court of competent jurisdiction to enjoin any violation of this article.
(e) The venue of all criminal actions under this section lies in the
county in which the employee was injured. The prosecuting attorney
of the county shall prosecute all such violations upon written request
of the worker's compensation board. Such violations shall be
prosecuted in the name of the state.
(f) In an action before the board against an employer who at the
time of the injury to or occupational disease of an employee had
failed to comply with IC 22-3-5-1 or IC 22-3-7-34(a) or
IC 22-3-7-34(b), the board may award to the employee or the
dependents of a deceased employee:
(1) compensation not to exceed double the compensation
provided by this article;
(2) medical expenses; and
(3) reasonable attorney fees in addition to the compensation and
medical expenses.
(g) In an action under subsection (c) the court may:
(1) order the employer to cease doing business in Indiana until
the employer furnishes proof of insurance as required by
IC 22-3-5-1 and IC 22-3-7-34(a) or IC 22-3-7-34(b);
(2) require satisfactory proof of the employer's financial ability
to pay any compensation or medical expenses in the amount and
manner and when due as provided for in IC 22-3, for any
injuries which occurred during any period of noncompliance;
and
(3) require the employer to deposit with the worker's
compensation board an acceptable security, indemnity, or bond
to secure the payment of such compensation and medical
expense liabilities.
(h) The penalty provisions of subsection (e) shall apply only to the
employer and shall not apply for a failure to exact a certificate of
insurance under IC 22-3-2-14 or IC 22-3-7-34(i) or IC 22-3-7-34(j).
(Formerly: Acts 1929, c.172, s.66; Acts 1937, c.214, s.5; Acts 1943,
c.136, s.6.) As amended by Acts 1978, P.L.2, SEC.2210; Acts 1982,
P.L.135, SEC.1; P.L.145-1986, SEC.1; P.L.28-1988, SEC.40;
P.L.170-1991, SEC.11; P.L.75-1993, SEC.3; P.L.1-1994, SEC.108;
P.L.235-1999, SEC.4.
Last modified: May 27, 2006