§ 65.2-805. Civil penalty for violation of §§ 65.2-800, 65.2-803.1, and65.2-804.
A. If such employer fails to comply with the provisions of § 65.2-800 or65.2-804, he shall be assessed a civil penalty of not less than $500 nor morethan $5,000, and he shall be liable during continuance of such failure to anyemployee either for compensation under this title or at law in a suitinstituted by the employee against such employer to recover damages forpersonal injury or death by accident, and in any such suit such employershall not be permitted to defend upon any of the following grounds:
1. That the employee was negligent;
2. That the injury was caused by the negligence of a fellow employee; or
3. That the employee had assumed the risk of the injury.
B. Any person who fails to comply with the provisions of § 65.2-803.1 shallbe assessed a civil penalty of not less than $500 nor more than $5,000 foreach instance of noncompliance, in addition to any other penalties applicableunder this title.
C. The civil penalties herein provided may be assessed by the Commission inan open hearing with the right of review and appeal as in other cases. Upon afinding by the Commission of such failure to comply, and after 15 days'written notice thereof sent by certified mail to the employer, if suchfailure continues, the Commission may order the employer to cease and desistall business transactions and operations until found by the Commission to bein compliance with the provisions of this chapter.
D. Any civil penalty assessed pursuant to this section shall be paid into theUninsured Employer's Fund established in Chapter 12 (§ 65.2-1200 et seq.) ofthis title.
(Code 1950, § 65-102; 1968, c. 660, § 65.1-106; 1970, c. 470; 1974, c. 314;1980, c. 443; 1991, c. 355; 1993, c. 378; 2005, c. 69.)
§ 65.2-805. Civil penalty for violation of §§ 65.2-800, 65.2-803.1, and65.2-804.
A. If such employer fails to comply with the provisions of § 65.2-800 or65.2-804, he shall be assessed a civil penalty of not less than $500 nor morethan $5,000, and he shall be liable during continuance of such failure to anyemployee either for compensation under this title or at law in a suitinstituted by the employee against such employer to recover damages forpersonal injury or death by accident, and in any such suit such employershall not be permitted to defend upon any of the following grounds:
1. That the employee was negligent;
2. That the injury was caused by the negligence of a fellow employee; or
3. That the employee had assumed the risk of the injury.
B. Any person who fails to comply with the provisions of § 65.2-803.1 shallbe assessed a civil penalty of not less than $500 nor more than $5,000 foreach instance of noncompliance, in addition to any other penalties applicableunder this title.
C. The civil penalties herein provided may be assessed by the Commission inan open hearing with the right of review and appeal as in other cases. Upon afinding by the Commission of such failure to comply, and after 15 days'written notice thereof sent by certified mail to the employer, if suchfailure continues, the Commission may order the employer to cease and desistall business transactions and operations until found by the Commission to bein compliance with the provisions of this chapter.
D. Any civil penalty assessed pursuant to this section shall be paid into theUninsured Employer's Fund established in Chapter 12 (§ 65.2-1200 et seq.) ofthis title.
(Code 1950, § 65-102; 1968, c. 660, § 65.1-106; 1970, c. 470; 1974, c. 314;1980, c. 443; 1991, c. 355; 1993, c. 378; 2005, c. 69.)
§ 65.2-805. Civil penalty for violation of §§ 65.2-800, 65.2-803.1, and65.2-804.
A. If such employer fails to comply with the provisions of § 65.2-800 or65.2-804, he shall be assessed a civil penalty of not less than $500 nor morethan $5,000, and he shall be liable during continuance of such failure to anyemployee either for compensation under this title or at law in a suitinstituted by the employee against such employer to recover damages forpersonal injury or death by accident, and in any such suit such employershall not be permitted to defend upon any of the following grounds:
1. That the employee was negligent;
2. That the injury was caused by the negligence of a fellow employee; or
3. That the employee had assumed the risk of the injury.
B. Any person who fails to comply with the provisions of § 65.2-803.1 shallbe assessed a civil penalty of not less than $500 nor more than $5,000 foreach instance of noncompliance, in addition to any other penalties applicableunder this title.
C. The civil penalties herein provided may be assessed by the Commission inan open hearing with the right of review and appeal as in other cases. Upon afinding by the Commission of such failure to comply, and after 15 days'written notice thereof sent by certified mail to the employer, if suchfailure continues, the Commission may order the employer to cease and desistall business transactions and operations until found by the Commission to bein compliance with the provisions of this chapter.
D. Any civil penalty assessed pursuant to this section shall be paid into theUninsured Employer's Fund established in Chapter 12 (§ 65.2-1200 et seq.) ofthis title.
(Code 1950, § 65-102; 1968, c. 660, § 65.1-106; 1970, c. 470; 1974, c. 314;1980, c. 443; 1991, c. 355; 1993, c. 378; 2005, c. 69.)
