Pursuant to A.S.C.A. §32.0531(b) of the A.S.C.A., any insurance carrier (or any stock company, mutual company, association, or with any person or fund) seeking to provide workers compensation insurance or insured payment of workmen's compensation in American Samoa under the American Samoa Workmen's Compensation Act (ASWCA) must first acquired the authorization of the Workmen's Compensation Commission. In granting such authorization, the Commission may also take into consideration the recommendation or any authority having supervision over carriers or workmen's compensation.
Please be informed that the Territorial government (American Samoa Government) is not authorized under the ASWCA to sell workers compensation insurance.
Applying for Commission Authorization:
To seek Commission authorization to transact and provide workmen's compensation insurance or insured payment of compensation under the ASWCA, a carrier must file FORM INS-01 with the Commission's Office.
Suspension & Revocation of Authority:
The Commission has statutory authority to suspend or revoke any insurance carrier of such authorization for good cause. A carrier will be entitled to be heard in person or by counsel and to present evidence on such matter before the Commission. Under the law, no suspension or revocation shall affect and eliminate the liability of any carrier already incurred. A suspension or revocation of a carrier's authorization may be considered due to but not limited to the following:
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Failure or neglect to process and execute proper settlements;
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Failure or neglect to provide the compensation of payments and awards on a timely manner;
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Failure to maintain financial capacity;
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Inability to execute proper compensation claims and payments;
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Deliberate and assess claims unbiasedly;
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History of insolvency or bankruptcy;
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A number of suspension record;
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All other causes determined by the Commission showing an adverse effect on the carrier's ability to properly administer the A.S. Workmen's Compensation Act.
Authorization to Provide Workers Compensation Coverage in American Samoa