Ind. Code § 36-8-4-5 – Care of police officers and firefighters injured or contracting illnesses as a result of performance of duties

(a) The following definitions apply throughout this section:
1. (1) "Firefighter" means a current or former firefighter.
2. (2) "Police officer" means a current or former police officer.
(b) A city shall pay for the care of a police officer or firefighter who suffers an injury while performing the person's duty or while the person is on duty or who contracts illness caused by the performance of the person's duty, including an injury or illness that results in a disability or death presumed incurred in the line of duty under IC 5-10-13 . This care includes:
1. (1) medical and surgical care;
2. (2) medicines and laboratory, curative, and palliative agents and means;
3. (3) X-ray, diagnostic, and therapeutic service, including during the recovery period; and
4. (4) hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (b) shall be paid from the general fund of the city.
(d) A city that has paid for the care of a police officer or firefighter under subsection (b) has a cause of action for reimbursement of the amount paid under subsection (b) against any third party against whom the police officer or firefighter has a cause of action for an injury sustained because of or an illness caused by the third party. The city's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the police officer or firefighter against the third party.
(e) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3 . A police officer or firefighter may recover medical benefits under this section without first pursuing a claim for medical benefits under IC 22-3 . If a police officer or firefighter pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the police officer or firefighter is not precluded from recovering medical benefits under this section.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 19-1-13-1; subsection (b) formerly 19-1-13-2.]
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.169-1994, SEC.1; P.L.185-2002, SEC.4; P.L.66-2020, SEC.1; P.L.118-2026, SEC.14.