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

Work based learning liability.

Sponsored By: Matt Commons (Republican)

Signed by Governor

insurancethe senateinsurance and financial institutions

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Bill Overview

Analyzed Economic Effects

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

Unpaid students: no disability pay, $175K benefit

Beginning July 1, 2026, unpaid students in work-based learning cannot get temporary total or partial disability pay. If an unpaid student dies from a covered work injury, a one‑time $175,000 payment goes to dependents or, if none, to the parents. Students under 17 cannot get extra payments just because of age.

Pay formula for paid student injuries

Beginning July 1, 2026, if you are a paid student in an approved training or work‑based learning program, your permanent impairment award uses a set pay formula. Your average weekly wage is your hourly rate times 40 hours.

Insurers can’t rate by student age

For policies entered into, amended, or renewed after June 30, 2026, insurers must use objective, risk‑based, age‑neutral rules when underwriting or setting rates for coverage that includes student participants. Policies that cover employer liability and workers’ comp for work‑based learning must follow these rules. This prevents rating or denials based on a student’s age.

Workers' comp rules for student programs

Beginning July 1, 2026, students in approved work-based learning are treated as employees for workers' comp. They can get benefits under the main workers' comp laws and the occupational disease law. Schools or intermediaries that place a student must sign a written agreement, and the employer must secure the student’s workers’ comp (they may use an employer of record). The law defines which programs count, like apprenticeships and youth apprenticeships, and excludes online or one-off activities. Workers' comp is the student’s exclusive remedy for program injuries (except under IC 5-2-6.1). The state repeals the old school‑to‑work rules and uses this new framework instead.

Volunteer services: employer definition updated

Beginning July 1, 2026, the law updates who counts as an employer in the volunteer services statute. It includes employers that provide on‑the‑job training under the federal School to Work law, as limited by IC 22‑3‑2‑2.5(a). This affects units and volunteer fire departments that use those definitions.

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

Roll Call 361 on HB1098.03.COMS.CON01

Yes: 79 • No: 0 • Other: 17

Senate vote 2/19/2026

Roll Call 200 on HB1098.03.COMS

Yes: 44 • No: 1 • Other: 4

House vote 1/28/2026

Roll Call 146 on HB1098.02.COMH

Yes: 89 • No: 0 • Other: 6

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. Second reading: ordered engrossed

    2/16/2026Senate
  11. Senator Randolph added as cosponsor

    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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