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ACT SUMMARY 2007-2008


ACT NO. 57


Labor, workers' compensation; failure to insure

This act clarifies the language requiring employers to provide the commissioner of Labor with a certificate indicating effective workers’ compensation coverage, and adds a new requirement that upon written request, a nonresidential building contractor must provide the Commissioner with an additional workers’ compensation compliance statement. Failure to comply with either of these filings or providing false information may result in an administrative penalty of not more than $5,000.00 for each week of noncompliance or falsification.

The act also increases the penalty for failure to have workers’ compensation coverage in effect from $50.00 per day to $100.00 per day and from $150.00 per day to $250 per day for failure to secure coverage after five days after notice from the Commissioner.

The act also increases the penalty assessed by the Commissioner of Labor for false representations to acquire benefits from $1,000.00 to $5,000.00. The $5,000.00 penalty assessed by the Commissioner of BISHCA for a false statement by an employer now may be collected in Washington superior court.

Lastly, the Commissioner of Labor in consultation with the Commissioner of BISHCA shall study the feasibility of making NCCI proof of coverage services available to the public, the extent of misclassification of workers in order to lower or avoid workers’ compensation premium costs, and the effectiveness of Vermont law to counter those misclassifications. The study shall be completed on or before December 15, 2007.

Effective Date: July 1, 2007

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont