23-418.01. Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement
A. An additional penalty of twenty-five thousand dollars shall be assessed by the commission against an employer who is assessed a penalty under section 23-418, subsection A for each employee injury resulting in permanent disability or death if the commission finds all of the following:
1. The employee injury resulting in permanent disability or death was caused by the violation for which the employer is assessed a penalty under section 23-418, subsection A.
2. Compensation benefits are paid under chapter 6 of this title either:
(a) To the injured employee.
(b) In the event of death, to the employee's dependents. The requirement of this subdivision is satisfied if an employee did not have any dependents for which compensation benefits would have otherwise been paid under chapter 6 of this title.
3. The violation for which the employer is assessed a penalty under section 23-418, subsection A did not result from the injured or deceased employee's disobedience to specific instructions given to the employee regarding the job condition causing the employee's injury or death or relating to the safety standards applicable to that job condition.
B. Each additional penalty assessed under subsection A of this section shall be paid to the injured employee, or in the event of death, the employee's dependents or the employee's estate if the employee did not have any dependents, in addition to the benefits paid under chapter 6 of this title.
C. If an employer requests a hearing on an additional penalty assessed under this section, the commission shall refer the request for hearing to the office of administrative hearings for determination. An additional penalty under this section that becomes final shall operate as a judgment against the employer and may be enforced by either the commission or the injured employee, or in the case of death, the employee's dependents or the employee's estate if the employee did not have any dependents, and all lawful remedies for the collection of judgments, including provisional remedies, shall be available. This section does not create any right of action or recovery against the employer's workers' compensation insurance carrier, and the additional penalty provided by this section is not a compensation benefit under chapter 6 of this title and is not subject to the payment of attorney fees.
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