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employee under the Act if, and only if, the person is an independent contractor under the guidelines of the Internal Revenue Service. Ind. Code 22-3-6-1(b)(7). These guidelines may be found in IRS Publication 937. 6. Athletes on Scholarship. A student athlete who accepted a "grant-in-aid" from a state university was held not to be an employee of the university. 7. Inmates of penal institutions. Inmates who work in a penal institution with or without pay have been held not to be employees. Inmates injured while incarcerated may have other rights and remedies under common law. 8. Volunteers. A volunteer who provides service without receiving any type of compensation is not an employee and, therefore, is not covered by the Act. However, if a person receives any compensation for work, whether cash or in-kind, that person may potentially be considered an employee. 9. Coaches. Coaches of youth sporting events hired by a nonprofit corporation are not held to be employees. Ind. Code 22-3-2-2(d).
Note: The material is copied from the Indiana Guide to Workers Compensation produced by the Governors office, which can be found free at http://www.in.gov/wcb/handbook/HANDBK2007.htm.