Penalties & Fines
Non-Compliance
Employers and carriers must be aware of statutory penalties and fines enforced under the American Samoa Workmen's Compensation Act for non-compliance. The following are penalties and fines enforced by the statute.
Failure to File Report of Employee Injury / Death
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Any employer failed or refuses to file a report of employee injury or death within 10 days from the date of injury, of from the date the employer has knowledge of such injury, shall be assess a civil penalty of $500.00 for each such failure or refusal. [A.S.C.A. §32.0551]
Failure of Employer to Secure Payment of Compensation
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Any employer required to secure a payment of compensation under Chapter 32.05 & 32.06 and fails to secure such compensation shall be guilty of Class A Misdemeanor. If such employer is a corporation, the president, secretary, and treasurer thereof shall be liable, severally, for such fine or imprisonment, and such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under Chapter 32.05 or 32.06 in respect to any injury which may occur to any employee of such corporation while it so fails to secure the payment of compensation. [A.S.C.A. §32.0557(a)(b)]
Disobeying Order & Obstruction of Hearing
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Any individual disobeying proceeding orders, resist any lawful order or process, misbehaves during hearing or so near the place thereof as to obstruct the same, neglects to produce pertinent book, paper, or document after being ordered by the Commission, or refuses to take oath as a witness, or fail to being examined after oath, and for refusing to abide with subpoena orders from the Commission shall be penalized for contempt before the High Court of American Samoa. [A.S.C.A. §32.0550]
Failure to Give Notice of Final Payment
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An employer failing to give notice to the Commission of final payment of compensation after 16 days such final payment is made shall be assessed a final penalty of $100.00 [A.S.C.A. §32.0552]
Making False or Misleading Statements
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Any person who knowingly makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment, or for the purpose of evading liability for any benefit or payment under Title 32: Chapters 5 & 6 shall be guilty of Class A Misdemeanor. [A.S.C.A. §32.0556]
Transfer or Destruction of Property to Avoid Payment of Compensation
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Any employer knowingly transfer, sells, encumbers, assigns or in any manner disposes of, conceals, secretes, or destroy any property belonging to such an employer after one of his employees has been injured within the purview of Chapters 32.05 or 32.06, with the intent to avoid the payment of compensation as prescribed by law owed to such employee or his dependents is guilty of Class A Misdemeanor. If an employer is a corporation, the president, secretary, and treasurer of such corporation will also be liable for such penalty or imprisonment. [A.S.C.A. §32.0558(a)(b)]
Violating Certificate of Compliance
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All employers covered under the American Samoa Workmen's Compensation Act are required to file a Certificate of Compliance with the Commission either to state full compliance by meeting provisions to secure compensation and insurance coverage for their employees, or to certify its exemption status to obtain such insurance coverage under A.S.C.A. §32.0521. Any person violating or refusing to file a secure compliance certificate with the Commission shall be guilty of Class A Misdemeanor. [A.S.C.A. §32.0559]
Violating Employment Rights of an Injured Employee
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No employer may discharge or dismiss any employee or deny such employee the right to return to his employment solely because he suffers a work injury which is compensable under Title 32: Chapters 5 & 6 and which arises out of or in the course of employment with the employer. Unless, it is shown to the satisfaction of the Commissioner that the employee will no longer be capable of performing his work as a result of the work injury, and that the employer has no other available work which the employee is capable of performing which becomes available after the dismissal or discharge and during the period thereafter until the employee secures a new employment. Any employer who violates this section shall be fined in an amount not to exceed $200.00 or be imprisoned for a period not to exceed 90 days, or both. [A.S.C.A. §32.0670(a)(b)(c)]