Independent contractors seeking exemption from chapter; filing
statement; fees; certificate of exemption
Sec. 34.5. (a) As used in this section, "independent contractor"
refers to a person described in section 9(b)(5) of this chapter.
(b) As used in this section, "person" means an individual, a
proprietorship, a partnership, a joint venture, a firm, an association,
a corporation, or other legal entity.
(c) An independent contractor who does not make an election
under section 9(b)(2) of this chapter or section 9(b)(3) of this chapter
is not subject to the compensation provisions of this chapter and
must file a statement with the department of state revenue and obtain
a certificate of exemption.
(d) An independent contractor shall file with the department of
state revenue, in the form prescribed by the department of state
revenue, a statement containing the information required by
IC 6-3-7-5.
(e) Together with the statement required in subsection (d), an
independent contractor shall file annually with the department
documentation in support of independent contractor status before
being granted a certificate of exemption. The independent contractor
must obtain clearance from the department of state revenue before
issuance of the certificate.
(f) An independent contractor shall pay a filing fee in the amount
of fifteen dollars ($15) with the certificate filed under subsection (h).
The fees collected under this subsection shall be deposited in the
worker's compensation supplemental administrative fund and shall
be used for all expenses the board incurs.
(g) The worker's compensation board shall maintain a data base
consisting of certificates received under this section and on request
may verify that a certificate was filed.
(h) A certificate of exemption must be filed with the worker's
compensation board. The board shall indicate that the certificate has
been filed by stamping the certificate with the date of receipt and
returning a stamped copy to the person filing the certificate. A
certificate becomes effective as of midnight seven (7) business days
after the date file stamped by the worker's compensation board. The
board shall maintain a data base containing information required in
subsections (e) and (g).
(i) A person who contracts for services of another person not
covered by this chapter to perform work must secure a copy of a
stamped certificate of exemption filed under this section from the
person hired. A person may not require a person who has provided
a stamped certificate to have worker's compensation coverage. The
worker's compensation insurance carrier of a person who contracts
with an independent contractor shall accept a stamped certificate in
the same manner as a certificate of insurance.
(j) A stamped certificate filed under this section is binding on and
holds harmless for all claims:
(1) a person who contracts with an independent contractor after
receiving a copy of the stamped certificate; and
(2) the worker's compensation insurance carrier of the person
who contracts with the independent contractor.
The independent contractor may not collect compensation under this
chapter for an injury from a person or the person's worker's
compensation carrier to whom the independent contractor has
furnished a stamped certificate.
As added by P.L.75-1993, SEC.6. Amended by P.L.202-2001,
SEC.11.
Last modified: May 27, 2006