Indiana Code
Ind. Code § 22-3-2-17 (2025)
Claims for compensation; assignment; creditor claims; child support income withholding
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 17. (a) Except as provided in subsection (b), no claims for compensation under IC 22-3-2 through IC 22-3-6 shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors.
(b) Compensation awards under IC 22-3-2 through IC 22-3-6 are subject to child support income withholding under IC 31-16-15 and other remedies available for the enforcement of a child support order. The maximum amount that may be withheld under this subsection is one-half (1/2) of the compensation award.
Formerly: Acts 1929, c.172, s.17. As amended by P.L.144-1986, SEC.26; P.L.95-1988, SEC.2; P.L.1-1997, SEC.106; P.L.213-1999, SEC.7.
Notes of Decisions
Cited in 3
cases, 1988–2010 · leading case: Warsco v. Weaver (In re Weaver), 93 B.R. 172 (N.D. Ind. 1988).
Warsco v. Weaver (In re Weaver), 93 B.R. 172 (N.D. Ind. 1988). “The trustee appeals the bankruptcy court’s November 3, 1987 order holding that the proceeds of a workmen’s compensation settlement received one month prior to bankruptcy are exempt under Indiana Code § 22-3-2-17 (1929). The trustee filed his brief in this court on December 14,…”
In re Miller, 435 B.R. 561 (Bankr. N.D. Ind. 2010). “The workmen’s compensation statute at issue in this case, I.C. § 22-3-2-17 (1929), uses the term compensation as a term of art.”
In re Haraughty, 403 B.R. 607 (Bankr. S.D. Ind. 2009). “5-5-105 is only temporary, his argument ignores the fact that other well recognized exemptions under Indiana law-most notably workers’ compensation and unemployment compensation-are also temporary in nature.”
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