Indiana Code 22-1-5-15. Failure to provide consumer notice
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Terms Used In Indiana Code 22-1-5-15
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- consumer: means an individual who:
Indiana Code 22-1-5-3
- consumer notice: means the notice described in section 14 of this chapter. See Indiana Code 22-1-5-4
- home care services: means skilled and unskilled services provided to an individual at the individual's residence to enable the individual to remain in the residence safely and comfortably. See Indiana Code 22-1-5-6
- home care services worker: means an individual performing home care services for compensation. See Indiana Code 22-1-5-7
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- placement agency: means a person engaged in the business of securing home care services employment for an individual or securing a home care services worker for a consumer. See Indiana Code 22-1-5-9
Sec. 15. The failure of a placement agency to provide a consumer notice to the consumer at the time a home care services worker is placed in the consumer’s home does not relieve a consumer from the duties or obligations as an employer. If a placement agency fails to provide a consumer notice and the consumer is liable for payment of wages, taxes, worker’s compensation insurance premiums, or unemployment compensation employer contributions, the consumer has a right of indemnification against the placement agency, which includes the actual amounts paid to or on behalf of the home care services worker as well as the consumer’s attorney‘s fees and costs.
As added by P.L.212-2005, SEC.19.