TITLE 33 > CHAPTER 18 > § 938

 
                NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
 
Sec. 938. Penalties


(a) Failure to secure payment of compensation

    Any employer required to secure the payment of compensation under 
this chapter who fails to secure such compensation shall be guilty of a 
misdemeanor and, upon conviction thereof, shall be punished by a fine of 
not more than $10,000, or by imprisonment for not more than one year, or 
by both such fine and imprisonment; and in any case where such employer 
is a corporation, the president, secretary, and treasurer thereof shall 
be also severally liable to such fine or imprisonment as herein provided 
for the failure of such corporation to secure the payment of 
compensation; 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 the said chapter in 
respect to any injury which may occur to any employee of such 
corporation while it shall so fail to secure the payment of compensation 
as required by section 932 of this title.

(b) Avoiding payment of compensation

    Any employer who knowingly transfers, sells, encumbers, assigns, or 
in any manner disposes of, conceals, secretes, or destroys any property 
belonging to such employer, after one of his employees has been injured 
within the purview of this chapter, and with intent to avoid the payment 
of compensation under this chapter to such employee or his dependents, 
shall be guilty of a misdemeanor and, upon conviction thereof, shall be 
punished by a fine of not more than $10,000, or by imprisonment for not 
more than one year, or by both such fine and imprisonment; and in any 
case where such employer is a corporation, the president, secretary, and 
treasurer thereof shall be also severally liable to such penalty of 
imprisonment as well as jointly liable with such corporation for such 
fine.

(c) Effect on other liability of employer

    This section shall not affect any other liability of the employer 
under this chapter.

(Mar. 4, 1927, ch. 509, Sec. 38, 44 Stat. 1442; June 25, 1938, ch. 685, 
Sec. 14, 52 Stat. 1168; Pub. L. 98-426, Sec. 22, Sept. 28, 1984, 98 
Stat. 1653.)


                               Amendments

    1984--Subsecs. (a), (b). Pub. L. 98-426 substituted ``$10,000'' for 
``$1,000'' wherever appearing.
    1938--Act June 25, 1938, amended section generally, designating 
first sentence as subsec. (a) and inserting provisions respecting 
liability of corporate officers, adding subsec. (b), and designating 
second sentence as subsec. (c).


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section 
28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of this 
title.