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65-09 Proceedings by Injured Employee Against Uninsured Employer

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CHAPTER 65-09PROCEEDINGS BY INJURED EMPLOYEE AGAINST UNINSURED EMPLOYER65-09-01. Liability of uninsured employer for injury to employees.1.Any employer subject to this title who is in violation of subsection 1 or 2 of section<br>65-04-33 or declared uninsured pursuant to section 65-04-22 is not protected by the<br>immunity from civil liability granted to employers under this title for injuries to that<br>employer's employees for damages suffered by reason of injuries sustained in the<br>course of employment and to the dependents and legal representatives of an<br>employee whose death results from injuries sustained in the course of employment.<br>The employer is liable for the premiums, reimbursements, penalties, and interest<br>provided for in this title.2.The organization may establish a procedure to determine whether a person is an<br>employer required to obtain workers' compensation coverage under this title and to<br>require a person asserting independent contractor status to file a statement annually<br>with the organization certifying that status. A determination under this section that a<br>person is not required to be insured is effective for no more than one year from the<br>date the person is notified of the determination. The organization retains continuing<br>jurisdiction over determinations made under this section and may reconsider or<br>revoke its decision at any time.65-09-02. Application for compensation - Common-law defenses not available -Fund subrogated to recovery - Hearing - Time for filing. An employee whose employer is in<br>violation of section 65-04-33, who has been injured in the course of employment, or the<br>employee's dependents or legal representatives in case death has ensued, may file an<br>application with the organization for an award of compensation under this title and in addition<br>may maintain a civil action against the employer for damages resulting from the injury or death.<br>In the action, the employer may not assert the common-law defenses of:1.The fellow servant rule.2.Assumption of risk.3.Contributory negligence.The organization is subrogated to the recovery made in the action against the uninsured<br>employer.The subrogation interest is determined according to section 65-01-09, with theuninsured employer being the person other than the fund with a legal liability to pay damages<br>with respect to the employee's injury or death. An injured employee, or the dependents of an<br>employee who died as a result of a work-related accident, shall file the original claim for<br>compensation within one year after the injury or within two years after the death.Theorganization shall notify the claimant and the employer that the matter is being processed under<br>this chapter, and subsequently shall hear and determine the application for compensation as it<br>would for other claims before the organization. A determination by the organization that a person<br>is not an employer required to obtain workforce safety and insurance coverage under this title is<br>a defense to any claim that the person failed to obtain coverage for the time period during which<br>the determination is effective.65-09-03. Award - Payroll reports - Notice - Premium - Judgment. Repealed byS.L. 2001, ch. 578, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>