Ind. Code » Title 36
Indiana Code

Ind. Code § 36-8-4-5 (2025)

Care of police officers and firefighters injured or contracting illnesses as a result of performance of duties

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 5. (a) A city shall pay for the care of a police officer or firefighter who suffers an injury while performing the person's duty or while the person is on duty or who contracts illness caused by the performance of the person's duty, including an injury or illness that results in a disability or death presumed incurred in the line of duty under IC 5-10-13. This care includes:

(1) medical and surgical care;

(2) medicines and laboratory, curative, and palliative agents and means;

(3) X-ray, diagnostic, and therapeutic service, including during the recovery period; and

(4) hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.

     (b) Expenditures required by subsection (a) shall be paid from the general fund of the city.

     (c) A city that has paid for the care of a police officer or firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the police officer or firefighter has a cause of action for an injury sustained because of or an illness caused by the third party. The city's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the police officer or firefighter against the third party.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-13-1; subsection (b) formerly 19-1-13-2.]

As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.169-1994, SEC.1; P.L.185-2002, SEC.4; P.L.66-2020, SEC.1.

 

Notes of Decisions
Cited in 3 cases, 1987–2014 · leading case: Fort Wayne Patrolmen's Benevolent Ass'n v. City of Fort Wayne, 903 N.E.2d 493 (Ind. Ct. App. 2009).
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Fort Wayne Patrolmen's Benevolent Ass'n v. City of Fort Wayne, 903 N.E.2d 493 (Ind. Ct. App. 2009). · cites it 86× “As the majority observes, Officer Jones was not entitled to worker's compensation benefits.”
City of Indianapolis v. Fields, 506 N.E.2d 1128 (Ind. Ct. App. 1987). · cites it 2× “CODE § 36-8-4-5 requires the City to pay Fields's unauthorized medical expenses since he incurred them without complying with the requirements of General Order 5.”
City of Mitchell v. Randy Phelix, 17 N.E.3d 971 (Ind. Ct. App. 2014). · cites it 28× “The court finds that the City has a clear obligation under Ind.Code § 36-8-4-5 to pay Mr. Phelix’s medical expenses.”
Ind. Code § 36-8-4-5(a): 2 cases
Fort Wayne Patrolmen's Benevolent Ass'n v. City of Fort Wayne, 903 N.E.2d 493 (Ind. Ct. App. 2009). “As the majority observes, Officer Jones was not entitled to worker's compensation benefits.”
City of Mitchell v. Randy Phelix, 17 N.E.3d 971 (Ind. Ct. App. 2014). “The court finds that the City has a clear obligation under Ind.Code § 36-8-4-5 to pay Mr. Phelix’s medical expenses.”
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