Indiana Code 22-3-4-13. Reports of injuries and deaths; violations of article
(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 report the information using electronic data interchange standards prescribed by the board.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class A misdemeanor | up to 1 year | up to $5,000 |
Class C misdemeanor | up to 60 days | up to $500 |
Terms Used In Indiana Code 22-3-4-13
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- Venue: The geographical location in which a case is tried.
(d) A person who violates any provision of this article, except IC 22-3-5-1, IC 22-3-7-34(b), or IC 22-3-7-34(c), commits a Class C misdemeanor. A person who violates IC 22-3-5-1, IC 22-3-7-34(b), or IC 22-3-7-34(c) commits a Class A misdemeanor. 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 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, IC 22-3-7-34(b), or IC 22-3-7-34(c), 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 (d), the court may:
(1) require the employer to obtain coverage and furnish proof of insurance as required by IC 22-3-5-1 and IC 22-3-7-34(b) or IC 22-3-7-34(c) every six (6) months for a period not to exceed three (3) years;
(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 all 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 provision of subsection (d) 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).
(i) In an action under subsection (d), if a compensable worker’s compensation or occupational disease claim has been filed and the employer fails or refuses to pay benefits when due, a court may order the employer to temporarily cease doing business in Indiana until the employer:
(1) furnishes proof of insurance as required by IC 22-3-5-1 and IC 22-3-7-34(b) or IC 22-3-7-34(c); and
(2) provides any other assurances required by the board to establish that the employer has the ability to meet all worker’s compensation liabilities incurred during the employer’s period of noncompliance.
(j) An appeal of the court’s decision under subsection (i) to enjoin the employer from doing business in Indiana automatically stays the court’s order.
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; P.L.1-2007, SEC.159; P.L.1-2010, SEC.85; P.L.168-2011, SEC.7; P.L.204-2018, SEC.7.