§933 Duties of operators in States not qualifying under workmen’s compensation laws

Summary

When a State’s workers’ compensation law is not on the Secretary’s approved list, every coal mine operator in that State must make sure they can pay the benefits required under section 932. They can do that by qualifying as a self-insurer under the Secretary’s rules or by buying and keeping insurance from an authorized company or fund. Any insurance must promise to pay the required benefits even if the State law would pay less, must still cover payments if the operator becomes insolvent or bankrupt, and must include any other protections the Secretary requires. An insurance policy cannot be canceled before it ends until at least 30 days after the Secretary and the operator get a registered or certified mail notice. If an employer fails to secure the required benefits, the Secretary can fine them up to $1,000 for each day the failure continues. If the employer is a corporation, the president, secretary, and treasurer can each be fined and can be personally liable for benefits while the company fails to secure them. If an employer knowingly hides, sells, or destroys property after a miner files a claim to avoid paying benefits, that person commits a misdemeanor punishable by up to $1,000, up to one year in jail, or both; corporate officers can also be held liable. This does not affect any other legal liability the employer has.