§ 938. — Penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC938]
TITLE 33--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.
Section Referred to in Other Sections
This section is referred to in title 30 section 932.
