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What if an employer fails to secure payment of compensation as required by the DBA?

If an employer fails to secure payment of compensation, an injured employee, or his/her survivors in case of death, may elect to sue the employer for tort damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee.

In addition, an employer who fails to secure the payment of compensation when required 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 both. If the employer is a corporation, the president, secretary, and treasurer shall also be severally liable for such fine and imprisonment. These three corporate officers shall also be personally liable, jointly and severally with the corporation, for any compensation or other benefit payable under the Act with respect to the injury or death of any of its employees.

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News & Events

October 31, 2012
News & Events Post 1

Defense Base Act and Longshore Newsletter   Read the most recent DBA Injury Newsletter.   Silverstein and Silverstein 25...

October 31, 2012
News Post 2

Defense Base Act and Longshore News and Recent Case Rulings   Supreme Court Rules in Roberts v. Sea-Land Services,...