22-3-9-11. Supplemental Remedies; Common Law Rights
Sec. 11. This chapter shall be construed as supplemental to all statutes in force on March 2, 1911, concerning employers and employees and shall repeal only such statutes as are in direct conflict with the provisions of this chapter. Nothing in this chapter shall be held to limit the duty or liability of employers or […]
22-3-9-10. Application of Law
Sec. 10. This chapter shall not apply to injuries received by any employee before March 2, 1911, nor affect any suit or legal proceedings pending in any court on March 2, 1911. Formerly: Acts 1911, c.88, s.10. As amended by P.L.144-1986, SEC.83.
22-3-9-11. Supplemental Remedies; Common Law Rights
Sec. 11. This chapter shall be construed as supplemental to all statutes in force on March 2, 1911, concerning employers and employees and shall repeal only such statutes as are in direct conflict with the provisions of this chapter. Nothing in this chapter shall be held to limit the duty or liability of employers or […]
22-3-9-1. Personal Injuries or Death; Damages
Sec. 1. Any person, firm, limited liability company, or corporation while engaged in business, trade or commerce within this state, and employing in such business, trade or commerce five (5) or more persons shall be liable and respond in damages to any person suffering injury while in the employ of such person, firm, limited liability […]
22-3-9-2. Personal Injuries or Death; Contributory Negligence; Burden of Proof
Sec. 2. In any action prosecuted under the provisions of this chapter the burden of proving that such injured or killed employee did not use due care and diligence at the time of such injury or death shall be upon the defendant, but the same may be proved under the general denial. No such employee […]
22-3-9-3. Personal Injuries or Death; Assumption of Risk; Safe Place to Work; Defective Tools
Sec. 3. In any action brought against any employer under or by virtue of this chapter to recover damages for injuries or the death of any of his, its, or their employees, such employee shall not be held to have assumed the risks of the employment in any case where the violation of such employer […]
22-3-9-4. Personal Injuries or Death; Survival of Actions
Sec. 4. The damages recoverable under this chapter shall be commensurate with the injuries sustained, and in case death results from such injury the action shall survive; provided, that where any such injured person recovers a judgment under the provisions of this chapter and an appeal is taken from such judgment, and pending such appeal […]
22-3-9-5. Contracts; Rules and Regulations; Exemption From Liability; Setoff
Sec. 5. Any contract, rule, regulation, bylaw, or device whatsoever, the purpose, intent, or effect of which would be to enable any employer to exempt himself or itself from any liability created by this chapter, shall to that extent be void; provided, that in any action brought against any such employer under or by virtue […]
22-3-9-6. Wrongful Death Damages; Amount
Sec. 6. Where any action is brought on account of the death of any person under this chapter, the liability of any such employer shall not exceed ten thousand dollars ($10,000), and the provisions of the law in force as to parties plaintiff shall apply. Formerly: Acts 1911, c.88, s.6. As amended by P.L.144-1986, SEC.81.
22-3-9-7. Assumption of Risk; Negligence; Contributory Negligence; Questions of Fact
Sec. 7. All questions of assumption of risk, negligence or contributory negligence shall be questions of fact for the jury to decide, unless the cause is being tried without a jury, in which case, such questions shall be questions of fact for the court. Formerly: Acts 1911, c.88, s.7.