Reports of disablements; penalties; venue
Sec. 37. (a) Every employer operating under the compensation
provisions of this chapter shall keep a record of all disablements by
occupational disease, fatal or otherwise, received by his employees
in the course of their employment. Within seven (7) days after the
occurrence and knowledge thereof, as provided in section 32 of this
chapter, of disablement to an employee causing his death or his
absence from work for more than one (1) day, a report thereof shall
be made in writing and mailed to the employer's insurance carrier or,
if the employer is self insured, to the worker's compensation board
on blanks to be procured from the board for the purpose. The
insurance carrier shall mail the report to the worker's compensation
board not later than seven (7) days after receipt or fourteen (14) days
after the employer's knowledge of the occurrence, whichever is later.
An employer or insurance carrier that fails to comply with this
subsection is subject to a civil penalty of fifty dollars ($50), to be
assessed and collected by the board. Civil penalties collected under
this section shall be deposited in the state general fund.
(b) The report shall contain the name, nature and location of the
business of the employer, the name, age, sex, wages, occupation of
the employee, the approximate dates between which exposure
occurred, the nature and cause of the occupational disease, and such
other information as may be required by the board.
(c) A person who violates this section commits a Class C
infraction.
(d) The venue of all criminal actions for the violation of this
section lies in the county in which the employee was last exposed to
the occupational disease causing disablement. The prosecuting
attorney of the county shall prosecute these violations upon written
request of the worker's compensation board. These shall be
prosecuted in the name of the state.
(Formerly: Acts 1937, c.69, s.30; Acts 1963, c.388, s.18.) As
amended by Acts 1978, P.L.2, SEC.2214; P.L.28-1988, SEC.63;
P.L.170-1991, SEC.24.
Last modified: May 27, 2006