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U.S. Code as of:
01/19/04
Section 948a. Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability
It shall be unlawful for any employer or his duly authorized
agent to discharge or in any other manner discriminate against an
employee as to his employment because such employee has claimed or
attempted to claim compensation from such employer, or because he
has testified or is about to testify in a proceeding under this
chapter. The discharge or refusal to employ a person who has been
adjudicated to have filed a fraudulent claim for compensation is
not a violation of this section. Any employer who violates this
section shall be liable to a penalty of not less than $1,000 or
more than $5,000, as may be determined by the deputy commissioner.
All such penalties shall be paid to the deputy commissioner for
deposit in the special fund as described in section 944 of this
title, and if not paid may be recovered in a civil action brought
in the appropriate United States district court. Any employee so
discriminated against shall be restored to his employment and shall
be compensated by his employer for any loss of wages arising out of
such discrimination: Provided, That if such employee shall cease to
be qualified to perform the duties of his employment, he shall not
be entitled to such restoration and compensation. The employer
alone and not his carrier shall be liable for such penalties and
payments. Any provision in an insurance policy undertaking to
relieve the employer from the liability for such penalties and
payments shall be void.
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