IndianaHB 1098Second Regular Session 124th General Assembly (2026)HouseWALLET

Work based learning liability.

Sponsored By: Matt Commons (Republican)

Signed by Governor

Summary

Requires an intermediary and an employer to enter into an agreement that sets forth the duties and responsibilities of the intermediary and the employer when participating in a work based learning program. Repeals provisions relating to the federal School to Work Opportunities Act under the worker's compensation and worker's occupational diseases compensation laws. Provides that, subject to certain limitations, a student who performs services for an employer as part of a work based learning program is entitled to benefits under the worker's compensation and worker's occupational diseases compensation laws. Provides that any underwriting decision made by an insurer or rating factor applied to a participant must be based on objective risk based criteria that are applied uniformly and without regard to the age of the student to be covered under the policy.

insurancethe senateinsurance and financial institutions

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Student placements require injury coverage agreements

Beginning July 1, 2026, covered student placements need written agreements assigning employers responsibility for workers’ compensation coverage. The employer signs with the school, intermediary, or industry talent association that connects the student to the placement. Covered programs include qualifying apprenticeships, modern youth apprenticeships, pre-apprenticeships, and work-based learning courses. They must involve ongoing work duties or recurring placement at an employer-controlled physical worksite; primarily remote or online activities are excluded. The connecting organization can instead use an agreement with a third-party employer of record.

Student injury benefits come with limits

Beginning July 1, 2026, qualifying work-based learning students get Indiana workers’ compensation and job-related disease benefits. Unpaid students cannot get temporary total or temporary partial disability pay. If a covered injury or disease kills an unpaid student, dependents receive a one-time $175,000 benefit; parents receive it if there are no dependents. For permanent-impairment awards, students count as full-time, with weekly wages calculated as hourly pay times 40. Students get no extra benefits solely for being under 17. These benefits are the only legal remedy for covered injury, disease, or death, except for remedies under IC 5-2-6.1. This remedy limit also applies to claims by students’ estates, parents, dependents, and next of kin.

Age-neutral insurance rules for student placements

Beginning July 1, 2026, covered employer liability and workers’ compensation policies must follow the new student insurance rules. Insurers must use objective risk measures, applied uniformly without regard to students’ ages, when deciding coverage and setting rates. The age-neutral rule covers policies entered into, changed, or renewed after June 30, 2026. The law also removes an explicit employer-status rule for certain training providers under the federal School to Work Opportunities Act. The supplied provisions do not establish whether that removal changes coverage or liability, or whether premiums change.

Sponsors & Cosponsors

Sponsor

  • Matt Commons

    Republican • House

Cosponsors

  • Alex Burton

    Democratic • House

  • Jake Teshka

    Republican • House

  • Jeff Raatz

    Republican • Senate

  • Linda Rogers

    Republican • Senate

  • Lonnie Randolph

    Democratic • Senate

  • Robert Behning

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 212 • No: 1

House vote • 2/25/2026

House concurred with Senate amendments

Yes: 79 • No: 0

Senate vote • 2/19/2026

Third reading: passed

Yes: 44 • No: 1

House vote • 1/28/2026

Third reading: passed

Yes: 89 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/3/2026House
  2. Public Law 51

    3/3/2026House
  3. Signed by the President of the Senate

    2/27/2026Senate
  4. Signed by the President Pro Tempore

    2/26/2026Senate
  5. Signed by the Speaker

    2/25/2026House
  6. House concurred with Senate amendments; Roll Call 361: yeas 79, nays 0

    2/25/2026House
  7. Motion to concur filed

    2/24/2026House
  8. Returned to the House with amendments

    2/20/2026Senate
  9. Third reading: passed; Roll Call 200: yeas 44, nays 1

    2/19/2026Senate
  10. Senator Randolph added as cosponsor

    2/16/2026Senate
  11. Second reading: ordered engrossed

    2/16/2026Senate
  12. Senator Raatz added as second sponsor

    2/16/2026Senate
  13. Committee report: amend do pass, adopted

    2/12/2026Senate
  14. First reading: referred to Committee on Insurance and Financial Institutions

    2/2/2026Senate
  15. Referred to the Senate

    1/29/2026House
  16. Third reading: passed; Roll Call 146: yeas 89, nays 0

    1/28/2026House
  17. Senate sponsor: Senator Rogers

    1/28/2026House
  18. Second reading: ordered engrossed

    1/22/2026House
  19. Committee report: amend do pass, adopted

    1/20/2026House
  20. Representatives Behning, Teshka, Burton added as coauthors

    1/12/2026House
  21. First reading: referred to Committee on Insurance

    1/5/2026House
  22. Authored by Representative Commons

    1/5/2026House

Bill Text

  • Enrolled House Bill (H)

  • House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

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