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Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 65.2-805 and 65.2-806 of the Code of Virginia are amended and reenacted as follows:
§ 65.2-805. Civil penalty for violation of §§ 65.2-800, 65.2-803.1, and 65.2-804.
A. If such employer fails to comply with the provisions of § 65.2-800 or 65.2-804, he shall be assessed a civil penalty of not less than $500 nor more than $5,000, and he shall be liable during continuance of such failure to any employee either for compensation under this title or at law in a suit instituted by the employee against such employer to recover damages for personal injury or death by accident, and in any such suit such employer shall not be permitted to defend upon any of the following grounds:
1. That the employee was negligent;
2. That the injury was caused by the negligence of a fellow employee; or
3. That the employee had assumed the risk of the injury.
B. Any person who fails to comply with the provisions of § 65.2-803.1 shall be assessed a civil penalty of not less than $500 nor more than $5,000 for each instance of noncompliance, in addition to any other penalties applicable under this title.
C. The civil penalty penalties herein
provided may be assessed by the Commission in an open hearing with the right of
review and appeal as in other cases. Upon a finding by the Commission of such
failure to comply, and after fifteen 15 days' written notice
thereof sent by certified mail to the employer, if such failure continues, the
Commission may order the employer to cease and desist all business transactions
and operations until found by the Commission to be in compliance with the
provisions of this chapter.
C D. Any civil penalty assessed pursuant to this
section shall be paid into the Uninsured Employer's Fund established in Chapter
12 (§ 65.2-1200 et seq.) of this title.
§ 65.2-806. Criminal penalties.
In addition to the fine civil penalties assessed
pursuant to § 65.2-805, any employer who knowingly and intentionally fails to
comply with the provisions of § 65.2-800 or 65.2-804 shall be
is guilty of a Class 2 misdemeanor.
Venue for the prosecution hereof when there is an injury shall lie in the county or city wherein the injury occurred.