3-3114. Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement

A. In addition to penalties prescribed by section 3-3113, the director shall assess a penalty of twenty-five thousand dollars against an employer who is assessed a penalty under section 3-3113, subsection A for each employee injury resulting in permanent disability or death if the director 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 3-3113, subsection A.

2. Compensation benefits are paid to the injured employee, or in the event of death, the employee s dependents, under title 23, chapter 6.

3. The violation for which the employer is assessed a penalty under section 3-3113, 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 injury or death or relating to the safety standards applicable to that job condition.

B. Each additional penalty assessed under this section shall be paid to the injured employee, or in the event of death, the employee s dependents, in addition to the benefits paid under title 23, chapter 6.

C. Pursuant to title 41, chapter 6, article 10, an employer may request a hearing on an additional penalty assessed under this section. An additional penalty under this section that becomes final operates as a judgment against the employer and may be enforced by either the director or the injured employee, or in the case of death, the employee s dependents, and all lawful remedies for the collection of judgments, including provisional remedies, are 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 title 23, chapter 6 and is not subject to the payment of attorney fees.