Workers' Compensation Act as amended to January 1, 2022
(b) Upon determining that the employer or the employer’s representative failed to report injuries as required by subsection (a) of this section, the workers’ compensation commissioner may increase the award for compensation for the employee’s injuries proportionate to the prejudice that the employee sustained due to the employer’s failure to file.
(1949 Rev., S. 7441; 1958 Rev., S. 31-167; 1961, P.A. 491, S. 39; P.A. 82-398, S. 4; P.A. 85-32; P.A. 91-32, S. 31, 41; 91-339, S. 31; P.A. 96-267, S. 29; P.A. 08-3, S. 2.)
History: 1961 act entirely replaced previous provisions; P.A. 82-398 required the employer to inform the commissioner as to the insurance coverage and welfare fund payments he provides for his employees and required that injury reports include “time of each injury”; P.A. 85-32 provided that the reports concerning injuries, insurance coverage and employee welfare fund payments shall be sent by each employer to the chairman of the board of compensation commissioners; P.A. 91-32 made technical changes; P.A. 91-339 changed “board of compensation commissioners” to “workers’ compensation commission” and changed “employee welfare fund” to “employee welfare plan”; P.A. 96-267 added Subsec. (b) to allow the commissioner to increase an employee’s award proportionate to prejudice caused by an employer’s failure to report injuries as required; P.A. 08-3 amended Subsec. (b) by adding “or the employer’s representative”.
See Sec. 31-40 re required reporting of serious accidents in establishments or work places.
Cited. 109 C. 469; 122 C. 192.