33 U.S. Code § 948a - Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement...employer for penalties and payments; insurance policy exemption from liability

It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this chapter. The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section. Any employer who violates this section shall be liable to a penalty of not less than $1,000 or more than $5,000, as may be determined by the deputy commissioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 944 of this title, and if not paid may be recovered in a civil action brought in the appropriate United States district court. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination: Provided, That if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from the liability for such penalties and payments shall be void.

Source

(Mar. 4, 1927, ch. 509, § 49, as added Pub. L. 92–576, § 19,Oct. 27, 1972, 86 Stat. 1263; amended Pub. L. 98–426, § 26,Sept. 28, 1984, 98 Stat. 1654.)
Amendments

1984—Pub. L. 98–426inserted after first sentence “The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section.”, substituted “$1,000” for “$100”, and substituted “$5,000” for “$1,000”.
Effective Date of 1984 Amendment

Amendment by Pub. L. 98–426effective Sept. 28, 1984, see section 28(e)(1) ofPub. L. 98–426, set out as a note under section 901 of this title.
Effective Date

Section effective 30 days after Oct. 27, 1972, see section 22 ofPub. L. 92–576, set out as an Effective Date of 1972 Amendment note under section 902 of this title.

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33 USCDescription of ChangeSession YearPublic LawStatutes at Large

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20 CFR - Employees' Benefits

20 CFR Part 718 - STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS

20 CFR Part 722 - CRITERIA FOR DETERMINING WHETHER STATE WORKERS' COMPENSATION LAWS PROVIDE ADEQUATE COVERAGE FOR PNEUMOCONIOSIS AND LISTING OF APPROVED STATE LAWS

20 CFR Part 725 - CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED

20 CFR Part 726 - BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S INSURANCE

20 CFR Part 801 - ESTABLISHMENT AND OPERATION OF THE BOARD

20 CFR Part 802 - RULES OF PRACTICE AND PROCEDURE

 

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