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Penalties for Late Reporting 5220.2820 176.231
A penalty may be assessed against the employer, if a work-related death or serious injury occurs to an employee and:
Against the employer, if any other injury which must be reported to the division occurs and:
Against the insurer, if:
If the employer or insurer has violated the above and has had no similar violations in the 12-month period prior to the assessment, an advisory letter informing the employer or insurer of the violation and the statutory requirement must be sent. If the employer or insurer has had one violation in regards to the above in the past 12 months, a penalty of $125 must be assessed. If the employer or insurer has had two violations in the past 12 months, a penalty of $250 must be assessed. If the employer or insurer has had three violations in the past 12 months, a penalty of $375 must be assessed. If the employer or insurer has had four or more violations in the past 12 months, a penalty of $500 must be assessed.
The penalty must be assessed by written notice of penalty assessment informing the employer or insurer of the number of violations in the past 12 months on record and the amount of the penalty. The notice must contain instructions for payment.
The penalty is payable to the commissioner for deposit in the assigned risk safety account.
If an employer, qualified rehabilitation consultant or rehabilitation vendor, insurer, physician, chiropractor, or other health provider fails to file with the commissioner any report required in the manner and within the time limitations prescribed, or otherwise fails to provide a report required the commissioner may impose a penalty of up to $500 for each failure.
The imposition of a penalty may be appealed to a compensation judge within 30 days of notice of the penalty.