Indiana § 22-3-1-5 - Information sharing concerning construction workers misclassified as independent contractors

§ 22-3-1-5. Information sharing concerning construction workers misclassified as independent contractors

Sec. 5. (a) This section applies after December 31, 2009.

(b) As used in this section, "contractor" means:

(1) a sole proprietor;

(2) a partnership;

(3) a firm;

(4) a corporation;

(5) a limited liability company;

(6) an association; or

(7) another legal entity;

that engages in construction and is authorized by law to do business in Indiana. The term includes a general contractor, a subcontractor, and a lower tiered contractor. The term does not include the state, the federal government, or a political subdivision.

(c) The worker's compensation board of Indiana shall cooperate with the:

(1) department of state revenue established by IC 6-8.1-2-1;

(2) department of labor created by IC 22-1-1-1; and

(3) department of workforce development established by IC 22-4.1-2-1;

by sharing information concerning any suspected improper classification by a contractor of an individual as an independent contractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).

(d) For purposes of IC 5-14-3-4, information shared under this section is confidential, may not be published, and is not open to public inspection.

(e) An officer or employee of the worker's compensation board of Indiana who knowingly or intentionally discloses information that is confidential under this section commits a Class A misdemeanor.

As added by P.L.164-2009, SEC.3.

IC 22-3-2Chapter 2. Worker's Compensation: Application, Rights, and Remedies

22-3-2-1Repealed 22-3-2-2Mandatory compliance; burden of proof; exemptions 22-3-2-2.1Coverage for rostered volunteers 22-3-2-2.3Volunteer workers; services; medical benefits 22-3-2-2.5Repealed 22-3-2-2.6Work based learning program students; benefits 22-3-2-3Repealed 22-3-2-4Preexisting contracts; continuance; minors 22-3-2-5Insurance; certificates authorizing carrying of risk without insurance; state self-insurance program 22-3-2-6Exclusive remedies 22-3-2-7Performance of statutory duties; application of law 22-3-2-8Qualifications; burden of proof 22-3-2-9Exempt employees; waiver of exemption; notice of acceptance 22-3-2-10Repealed 22-3-2-11Repealed 22-3-2-12Repealed 22-3-2-13Claims against third persons; subrogation; procedures 22-3-2-14Contractors; certificate of coverage; subrogation 22-3-2-14.5Independent contractor electing exemption from compensation provisions; filing statement; certificate of exemption 22-3-2-15Employers not relieved of obligations by contracts, agreements, or rules; voluntary agreements; minors; approval; effect; payment of compensation; civil penalty 22-3-2-16Claims for compensation; priorities 22-3-2-17Claims for compensation; assignment; creditor claims; child support income withholding 22-3-2-18Coal mining; application of law 22-3-2-19Interstate or foreign commerce; exemptions 22-3-2-20Place of accident 22-3-2-21Prior injuries; application of law 22-3-2-22Notice; worker's compensation coverage; mobile or remote employees