§ 938. Penalties
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/usc/title-33/section-938A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Failure to secure payment of compensation Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such fine or imprisonment as herein provided for the failure of such corporation to secure the payment of compensation; and such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under the said chapter in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of compensation as required by section 932 of this title.
(b)Avoiding payment of compensation Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to such employer, after one of his employees has been injured within the purview of this chapter, and with intent to avoid the payment of compensation under this chapter to such employee or his dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such corporation for such fine.
(c)Effect on other liability of employer This section shall not affect any other liability of the employer under this chapter.
(Mar. 4, 1927, ch. 509, § 38, 44 Stat. 1442; June 25, 1938, ch. 685, § 14, 52 Stat. 1168; Pub. L. 98–426, § 22, Sept. 28, 1984, 98 Stat. 1653.)
Connections4 cite this · traces to 2
Cited by 4 sections
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- Public Law 727providing for the exercise of sole and exclusive jurisdiction by the United States over Hawaii National Park in the Territory of Hawaii, and for other purposes”, approved April 19, [46 Stat. 228](/us/stat/46/228).[16 U
- Public Law 728
- Public Law 98–426Entitled the “Longshore and Harbor Workers’ Compensation Act Amendments of 1984”
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8 references not yet in our index
- Mar. 4, 1927, ch. 509, § 38
- 44 Stat. 1442
- June 25, 1938, ch. 685, § 14
- 52 Stat. 1168
- Pub. L. 98–426, § 22
- 98 Stat. 1653
- Pub. L. 98–426
- section 28(e)(1) of Pub. L. 98–426
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§ 938
Penalties
Stat.×3
Stat. Comp.×1
ActMar. 4, 1927, ch. 509, § 38
Stat.44 Stat. 1442
ActJune 25, 1938, ch. 685, § 14
Stat.52 Stat. 1168
Pub. L.Pub. L. 98–426, § 22
Cites 10 · showing 7Cited by 4 across 2 sources