Indiana Code

Ind. Code § 22-3-9-1 (2026)

Personal injuries or death; damages

✓ current as of May 2026
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     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 company, or corporation, or in case of the death of such employee, then to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and if none, then to such employee's parents; and if none, then to the next of kin dependent upon such employee, where such injury or death resulted in whole or in part from the negligence of such employer or his, its or their agents, servants, employees or officers, or by reason of any defect, mismanagement or insufficiency, due to his, its or their carelessness, negligence, fault or omission of duty.

Formerly: Acts 1911, c.88, s.1. As amended by P.L.8-1993, SEC.285.

 

Notes of Decisions
Cited in 4 cases, 1994–2012 · leading case: Perry v. Stitzer Buick GMC, Inc., 637 N.E.2d 1282 (Ind. 1994).
Perry v. Stitzer Buick GMC, Inc., 637 N.E.2d 1282 (Ind. 1994). · cites it 4× “At a minimum, Perry may have viable claims under the Employer's Liability Act, Ind. Code Ann. §§ 22-3-9-1 to -11 (West Supp.”
Lawson v. Raney Mfg., Inc., 678 N.E.2d 122 (Ind. Ct. App. 1997). · cites it 2× “Because Lawson is limited to a recovery under the Act, we need not consider her argument that the trial court erred in dismissing her claims under the Employer's Liability Act, I.C. § 22-3-9-1.”
Lockhart v. Examone World Wide, Inc., 904 F. Supp. 2d 928 (S.D. Ind. 2012). · cites it 2× “Ind.Code § 22-3-9-1. Therefore, the IELA does not apply to this case, City of Hammond v.”
City of Hammond v. Biedron, 652 N.E.2d 110 (Ind. Ct. App. 1995). · cites it 2× “I.C. § 22-3-9-1 to -3; Ben F. Small, Workmen's Compensation Law of Indiana § 24, at 25.”
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