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33 U.S.C. § 932Security for compensation

submitted 99 years ago by ch. 509 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 391 words · no verdicts yet

in plain englishAI-generated · not legal advice

Employers must secure payment of compensation under this chapter. They may use approved insurance or qualify to pay directly as self-insurers.

(a) Every employer must secure payment of compensation under this chapter in one of two ways. (1) The employer may insure and keep insured the payments with a stock or mutual company, association, person, or fund that is authorized under United States or state law to insure workers compensation and is authorized by the Secretary to insure payments under this chapter. (2) The employer may give the Secretary satisfactory proof that it can pay the compensation and receive permission to pay it directly. As a condition, the Secretary may require the employer to deposit with a designated depository an indemnity bond or securities, at the employer’s choice. The Secretary decides the kind and amount based on the employer’s financial condition, payment history, and other relevant factors. The conditions may let the Secretary, if the employer defaults, sell enough securities to pay awards or sue on the bonds so compensation is paid promptly. An employer that secures compensation this way is a self-insurer. (b) When authorizing a carrier to insure compensation, the Secretary may consider recommendations from a state authority supervising carriers or workers compensation. The Secretary may limit a carrier’s authorization to a particular territory. A marine protection and indemnity mutual insurance corporation or association authorized to insure liability for personal injury, death, and related vessel losses under a mutual-assessment plan is treated as a qualified carrier. After a hearing where the carrier may appear personally or through counsel and present evidence, the Secretary may suspend or revoke authorization for good cause. A suspension or revocation does not affect liability the carrier already incurred.
the actual law source: uscode.house.gov ↗public domain
(a)

Every employer shall secure the payment of compensation under this chapter—

(1)

By insuring and keeping insured the payment of such compensation with any stock company or mutual company or association, or with any other person or fund, while such person or fund is authorized (A) under the laws of the United States or of any State, to insure workmen’s compensation, and (B) by the Secretary, to insure payment of compensation under this chapter; or

(2)

By furnishing satisfactory proof to the Secretary of his financial ability to pay such compensation and receiving an authorization from the Secretary to pay such compensation directly. The Secretary may, as a condition to such authorization, require such employer to deposit in a depository designated by the Secretary either an indemnity bond or securities (at the option of the employer) of a kind and in an amount determined by the Secretary, based on the employer’s financial condition, the employer’s previous record of payments, and other relevant factors, and subject to such conditions as the Secretary may prescribe, which shall include authorization to the Secretary in case of default to sell any such securities sufficient to pay compensation awards or to bring suit upon such bonds, to procure prompt payment of compensation under this chapter. Any employer securing compensation in accordance with the provisions of this paragraph shall be known as a self-insurer.

(b)

In granting authorization to any carrier to insure payment of compensation under this chapter the Secretary may take into consideration the recommendation of any State authority having supervision over carriers or over workmen’s compensation, and may authorize any carrier to insure the payment of compensation under this chapter in a limited territory. Any marine protection and indemnity mutual insurance corporation or association, authorized to write insurance against liability for loss or damage from personal injury and death, and for other losses and damages, incidental to or in respect of the ownership, operation, or chartering of vessels on a mutual assessment plan, shall be deemed a qualified carrier to insure compensation under this chapter. The Secretary may suspend or revoke any such authorization for good cause shown after a hearing at which the carrier shall be entitled to be heard in person or by counsel and to present evidence. No suspension or revocation shall affect the liability of any carrier already incurred.

Source credit: (Mar. 4, 1927, ch. 509, § 32, 44 Stat. 1439; Pub. L. 98–426, §§ 20, 27(a)(2), Sept. 28, 1984, 98 Stat. 1652, 1654.)

history & why it existsrecord from the source credit
  • 1927Enacted · Act of Mar. 4, 1927, ch. 509 · 44 Stat. 1439
  • 1984Amended · Pub. L. 98-426 · 98 Stat. 1652, 1654

A history note hasn’t been published yet. The record shows enactment by ch. 509 on 1927-03-04.

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