Indiana Code 22-3-7-37. Reports of disablements; penalties; venue
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Sec. 37. (a) Every employer operating under the compensation provisions of this chapter shall keep a record of all disablements by occupational disease, fatal or otherwise, received by the employer’s employees in the course of their employment and shall provide a copy of the record to the board upon request. Within seven (7) days after the employer’s knowledge of the disablement, either actual, alleged, or reported under section 32 of this chapter, that causes the employee‘s death or the need for medical care beyond first aid, a report thereof shall be made in writing and mailed, or submitted electronically, to the employer’s insurance carrier or, if the employer is self insured, to the worker’s compensation board on blanks to be procured from the board for the purpose. The reporting requirements under this subsection are intended to be consistent with the recording requirements set out in the United States Occupational Safety and Health Administration (OSHA) regulations found at 29 C.F.R. § 1904.7. The insurance carrier shall mail the report to the worker’s compensation board not later than seven (7) days after receipt or fourteen (14) days after the employer’s knowledge of the occurrence, whichever is later. An employer or insurance carrier that fails to comply with this subsection is subject to a civil penalty under IC 22-3-4-15.
For details, see Ind. Code § 35-50-3-4
(c) A person who violates this section commits a Class C misdemeanor.
(b) The report shall contain the name, nature and location of the business of the employer, the name, age, sex, wages, occupation of the employee, the approximate dates between which exposure occurred, the nature and cause of the occupational disease, and such other information as may be required 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 C misdemeanor | up to 60 days | up to $500 |
Terms Used In Indiana Code 22-3-7-37
- 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
- disablement: means the event of becoming disabled from earning full wages at the work in which the employee was engaged when last exposed to the hazards of the occupational disease by the employer from whom the employee claims compensation or equal wages in other suitable employment, and "disability" means the state of being so incapacitated. See Indiana Code 22-3-7-9
- employee: means every person, including a minor, in the service of another, under any contract of hire or apprenticeship written or implied, except one whose employment is both casual and not in the usual course of the trade, business, occupation, or profession of the employer. See Indiana Code 22-3-7-9
- employer: includes the state and any political subdivision, any municipal corporation within the state, any individual or the legal representative of a deceased individual, firm, association, limited liability company, limited liability partnership, or corporation or the receiver or trustee of the same, using the services of another for pay. See Indiana Code 22-3-7-9
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- occupational disease: means a disease arising out of and in the course of the employment. See Indiana Code 22-3-7-10
- 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) The venue of all criminal actions for the violation of this section lies in the county in which the employee was last exposed to the occupational disease causing disablement. The prosecuting attorney of the county shall prosecute these violations upon written request of the worker’s compensation board. These shall be prosecuted in the name of the state.
Formerly: Acts 1937, c.69, s.30; Acts 1963, c.388, s.18. As amended by Acts 1978, P.L.2, SEC.2214; P.L.28-1988, SEC.63; P.L.170-1991, SEC.24; P.L.168-2011, SEC.16; P.L.204-2018, SEC.14.