Sec. 15. (a) No
contract, agreement (written or implied), rule, or other device shall, in any manner, operate to relieve any employer in whole or in part of any
obligation created by
IC 22-3-2 through
IC 22-3-6. However, nothing in
IC 22-3-2 through
IC 22-3-6 shall be construed as preventing the parties to claims under
IC 22-3-2 through
IC 22-3-6 from entering into voluntary agreements in
settlement thereof, but no agreement by an employee or his dependents to waive his rights under
IC 22-3-2 through
IC 22-3-6 shall be valid nor shall any agreement of settlement or compromise of any dispute or claim for compensation under
IC 22-3-2 through
IC 22-3-6 be valid until approved by a member of the board, nor shall a member of the worker’s compensation board approve any settlement which is not in accordance with the rights of the parties as given in
IC 22-3-2 through
IC 22-3-6. No such agreement shall be valid unless made after seven (7) days from the date of the injury or death.
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Terms Used In Indiana Code 22-3-2-15
- Contract: A legal written agreement that becomes binding when signed.
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) A compromise settlement approved by a member of the worker’s compensation board during the employee’s lifetime shall extinguish and bar all claims for compensation for the employee’s death if the settlement compromises a dispute on any question or issue other than the extent of disability or the rate of compensation.
(c) A minor dependent, by parent or legal guardian, may compromise disputes and may enter into a compromise settlement agreement, and upon approval by a member of the worker’s compensation board, the settlement agreement shall have the same force and effect as though the minor had been an adult. The payment of compensation by the employer in accordance with the settlement agreement shall discharge the employer from all further obligation.
(d) Payment of compensation under an agreement authorized by this section must be made not later than thirty (30) days after the date the worker’s compensation board approves the agreement. An employer that fails to comply with this subsection is subject to a civil penalty under IC 22-3-4-15.
Formerly: Acts 1929, c.172, s.15; Acts 1943, c.136, s.1; Acts 1945, c.284, s.1; Acts 1974, P.L.108, SEC.6. As amended by P.L.28-1988, SEC.25; P.L.1-1991, SEC.148; P.L.204-2018, SEC.1.