                                 CODE OF VIRGINIA

CIVIL PENALTY FOR VIOLATION OF §§ 65.2-800, 65.2-803.1, AND 65.2-804 (§
65.2-805)

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 more than $250 per day for
each day of noncompliance, subject to a maximum penalty of $50,000. Such
employer also 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 &#xA7; 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 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 15 days&#8217;
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.

D. Any civil penalty assessed pursuant to this section shall be divided equally
between and paid into the administrative fund established in Chapter 10 (&#xA7;
65.2-1000 et seq.) and the Uninsured Employer&#8217;s Fund established in
Chapter 12 (&#xA7; 65.2-1200 et seq.). The Commission may add the costs of
collection of such civil penalty to the aggregate civil penalty owed, in which
event such costs shall be paid into the administrative fund established in
Chapter 10 (&#xA7; 65.2-1000 et seq.).

HISTORY: Code 1950, § 65-102; 1968, c. 660, § 65.1-106; 1970, c. 470; 1974, c.
314; 1980, c. 443; 1991, c. 355; 1993, c. 378; 2005, c. 69; 2014, c. 204.