Indiana Code
Ind. Code § 22-3-7-6 (2025)
Exclusive remedies
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 6. The rights and remedies granted under this chapter to an employee subject to this chapter on account of disablement or death by occupational disease arising out of and in the course of the employment shall exclude all other rights and remedies of such employee, his personal representatives, dependents, or next of kin, at common law or otherwise, on account of such disablement or death.
Formerly: Acts 1937, c.69, s.4c; Acts 1963, c.388, s.6. As amended by P.L.144-1986, SEC.58.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1983–2022 · leading case: Baker v. Westinghouse Elec. Corp. & Monsanto Co., 637 N.E.2d 1271 (Ind. 1994).
Baker v. Westinghouse Elec. Corp. & Monsanto Co., 637 N.E.2d 1271 (Ind. 1994). “Code § 22-3-2-6, and II) Whether there is an intentional tort exception to the exclusivity provision of the Occupational Diseases Act, Ind. Code § 22-3-7-6 . As to the first question, we hold that there is no exception to the compensation act, but conclude that the act by its…”
Hurd v. Monsanto Co., 908 F. Supp. 604 (S.D. Ind. 1995). “§ 22-3-2-6; I.C. § 22-3-7-6. As this Court noted in Baker v.”
Baker v. Westinghouse Elec. Corp., 830 F. Supp. 1161 (S.D. Ind. 1993). “Ind.Code § 22-3-7-6 (Burns 1992). The ODA uses the following definitions: “Occupational disease” ease arising out of As used in this chapter, “occupational disease” means a disease arising out of and in the course of the employment.”
Gray v. Daimler Chrysler Corp., 821 N.E.2d 431 (Ind. Ct. App. 2005). “Ind.Code § 22-3-7-6. We have recently stated that Indiana Code section 22-8-7-9(P) is "a statute of repose, rather than a statute of limitation.”
Parks v. A.P. Green Indus., Inc., 754 N.E.2d 1052 (Ind. Ct. App. 2001). “The trial court found that the Indiana Occupational Diseases Act, codified at Ind.Code § 22-3-7-6, barred the Parkses recovery for any exposure to asbestos products while Mr.”
Niegos v. ArcelorMittal Burns Harbor LLC, 940 N.E.2d 323 (Ind. Ct. App. 2010). “See Ind.Code § 22-3-7-6 (Burns Code Ed. Repl.”
King v. Williams Indus., Inc., 565 F. Supp. 321 (D. Mass. 1983). “The Indiana Workmen’s Compensation Act provides in pertinent part that: The rights and liabilities herein granted to an employee subject to this act on account of disablement or death by occupational disease arising out of and in the course of the employment shall exclude all…”
Billy L. Musgrave, Jr. & Kim A. Musgrave v. The Aluminum Co. of Am., Inc., & Alcoa Fuels, Inc., 995 N.E.2d 621 (Ind. Ct. App. 2013). “, Ind.Code §§ 22-3-7-6 (exclusivity provision of the Occupational Diseases Act); 22-3-7-9(a) (definition of "employer”).”
Roberts Ex Rel. Est. of Roberts v. ACandS, Inc., 873 N.E.2d 1055 (Ind. Ct. App. 2007). “See Ind.Code § 22-3-7-6. While the third-party civil lawsuit is pending, the employee may also submit an application for compensation from his employer for his injuries pursuant to the ODA.”
Buford v. Am. Tel. & Tel. Co., 881 F.2d 432 (7th Cir. 1989). “Ind.Code § 22-3-7-6. Despite the language of the statute, plaintiffs ask us to interpret the exclusive remedy provision as permitting common-law actions in cases where egregious actions by the employer contributed to the employee’s occupational disease.”
William R. Lee Irrevocable Trust v. Lee (In Re Lee), 898 F.3d 768 (7th Cir. 2018). “"); Ind. Code § 22-3-7-6 (Worker's Occupational Diseases Compensation: "The rights and remedies granted under this chapter to an employee .”
William R. Lee Irrevocable Tru v. Lester L. Lee, No. 17-1582 (7th Cir. Aug. 3, 2018). “”); Ind. Code § 22-3-7-6 (Worker’s Occupational Diseases Compensation: “The rights and remedies granted under this chapter to an employee … shall exclude all other rights and remedies of such employee … .”
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