Section 23.30.075. Employer's liability to pay.

   (a) An employer under this chapter, unless exempted, shall either insure and keep insured for the employer's liability under this chapter in an insurance company or association duly authorized to transact the business of workers' compensation insurance in this state, or shall furnish the division satisfactory proof of the employer's financial ability to pay directly the compensation provided for. If an employer elects to pay directly, the board may, in its discretion, require the deposit of an acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred.
   (b) If an employer fails to insure and keep insured employees subject to this chapter or fails to obtain a certificate of self-insurance from the division, upon conviction, the court shall impose a fine of $10,000 and may impose a sentence of imprisonment for not more than one year. If an employer is a corporation, all persons who, at the time of the injury or death, had authority to insure the corporation or apply for a certificate of self-insurance, and the person actively in charge of the business of the corporation shall be subject to the penalties prescribed in this subsection and shall be personally, jointly, and severally liable together with the corporation for the payment of all compensation or other benefits for which the corporation is liable under this chapter if the corporation at that time is not insured or qualified as a self-insurer.

Authorities

21.76.010;23.30.080;23.30.082;23.30.255

Notes

Recent Bills that will modify this

HB 307 WORKERS' COMP;INDEP. CONTRACT.;PENALTIES

Implemented As

8 AAC 46.010
8 AAC 46.015
8 AAC 46.020
8 AAC 46.030
8 AAC 46.035
8 AAC 46.040
8 AAC 46.045
8 AAC 46.050
8 AAC 46.060
8 AAC 46.065
8 AAC 46.070
8 AAC 46.080
8 AAC 46.090
8 AAC 46.100
8 AAC 46.110
8 AAC 46.120
8 AAC 46.130
8 AAC 46.195
8 AAC 46.900

References

8 AAC 05.300
8 AAC 45.174
8 AAC 45.176
AS 21.76.010 Authority to establish joint insurance arrangements.
AS 23.30.080 Employer's failure to insure.
AS 23.30.082 Workers' compensation benefits guaranty fund.
AS 23.30.255 Penalty for failure to pay compensation.

History

(Sec. 36 ch 193 SLA 1959; am Sec. 2 ch 46 SLA 1964; am Sec. 12 ch 79 SLA 1988; am Sec. 28 ch 10 FSSLA 2005)