It is mandated by law for every employer conducting business in American Samoa to secure payment of compensation. Any employer regularly employing 3 or more employees to secure and is required to secure and maintain a Workmen's Compensation Insurance with any authorized insurance carrier in the territory. Failure to secure a workmen's compensation insurance (or payment of compensation) is considered a Class A Misdemeanor.

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An employer is fully obligated to secure and keep insured the payment of such insurance coverage with any stock company or mutual company or association or with any person or fund authorized by the Commission to transact such business of workmen's compensation insurance in the Territory. It is the employer's primary responsibility to ensure its workmen's compensation insurance policy is fully maintained and updated and such policy is not expired or lapsed in payments.

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Exempted Employers:

Employers who are considered exempted from workmen's compensation liability under A.S.C.A. §32.0521(b)(c) do not required to secure a workmen's compensation insurance. They are still required to file a secured compliance certificate with the Commission to affirm their exemption status under the law. For more information on exempted employers, Click Here.

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Coverage Notice (Notice of Workmen's Compensation Secured):

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Any time an employer secures an insurance policy or contract with an insurance carrier, a coverage notice must be issued to the employer. This coverage notice is known as the Notice of Workmen's Compensation Secured and serves as proof of the employer purchasing an insurance policy with the carrier.

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The employer is mandated by law to post the coverage notice in a conspicuous place at its place or places of business. The Commission requires the employer to post the coverage notice within 3-days upon receipt of such notice from the carrier. 

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The employer is also required to furnish and provide a copy of the coverage notice within 5-days upon receipt to the Commission's Office to file a secured Certificate of Compliance with the Commission. Failure to file a secured compliance certificate with the Commission is considered a Class A Misdemeanor.

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Compliance Certificate:

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It is required by law for very employer to file a compliance certificate with the Commission. A compliance certificate verifies the employer's full compliance to fulfill all provisions of the American Samoa Workmen's Compensation Act on insurance coverage. Both qualified and exempted employers are required to file a compliance certificate.

 

For more information on securing a compliance certificate with the Commission, click on the following:

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