Title 24, Labor
20 chapters · 288 sections in this title.
24 V.I.C. § 250 Legislative findings
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(a) The Legislature of the Virgin Islands hereby finds and declares that the inability of common-law rights and remedies in redressing injuries received by workers has given rise to the need for Worker's Compensation legislation that will afford expeditious compensation to employ…
24 V.I.C. § 251 Definition and application
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(a) As used in this chapter—“Commissioner” means the Commissioner of Labor.“Employee” means any person, including a minor, employed under any appointment or contract, express or implied, oral or written, or in the service of any employer.“Employer” means the Government of the Vir…
24 V.I.C. § 251b Powers and Duties of Commissioner of Labor
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(a) In addition to the duties as provided in this chapter, the Commissioner of Labor shall have the following powers and duties:(a) be a policy making body for the administrator of the Insurance Fund;(b) appoint the Director of the Workers’ Compensation Administration;(c) to dete…
24 V.I.C. § 251c Appointment of Director, Powers and Duties of Director
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(a) The Director of the WCA, appointed pursuant to section 251b(b) of this chapter, shall have a minimum of three (3) years of experience and training in Workers' Compensation law and current issues. (b) The Director shall be responsible for executing and upholding the policies, …
24 V.I.C. § 251e Collection and dissemination of administration data
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The Workers' Compensation Administration shall prescribe the form and format for the collection and dissemination of information and data as the Administration of this chapter requires. Provided, however, that in the event the proper format requires the submission of a complete p…
24 V.I.C. § 252 Right to compensation for personal injury or occupational disease
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(a) Every employer shall pay compensation as hereinafter specified for the disability or death of an employee resulting from a personal injury or occupational disease arising out of and in the course of his employment, irrespective of fault as a cause of the injury or death. Ther…
24 V.I.C. § 253 Computation of wages
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(a) Except as otherwise provided in subsection (b) of this section, wages, for all purposes of this chapter, shall be determined on the basis of earnings of the worker, at the time of injury, from the employer liable to pay compensation, except that, in the case of employees whos…
24 V.I.C. § 254 Amount of compensation
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(a) Every employee who suffers an injury or death under the conditions specified in this chapter shall be entitled to:(a) [Deleted.](b) [Deleted.](c) [Deleted.](d) [Deleted.](e) [Redesignated.](f) The four (4) year limitation periods specified in subsections (c) and (d) of this s…
24 V.I.C. § 254a Medical rehabilitation
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(a) For any injury covered by this chapter, and the employee shall be entitled to all medical services, including chiropractic, optometric and dental services, appliances, supplies and transportation which are required by the nature of his injury and which will relieve pain and p…
24 V.I.C. § 254b Vocational rehabilitation
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(a) One of the primary purposes of this act shall be restoration of the injured employee to gainful employment and to assist in lessening or removing any handicaps resulting from his injuries. (b) An employee who has suffered an injury covered by this act who, as a result of the …
24 V.I.C. § 254c Income benefits
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(a) Income benefits for temporary total disability shall be 66 ⅔ percent of the employee's weekly wage rate at the time of injury, not to exceed 66 ⅔ percent of the average weekly wage of the Virgin Islands nor be less than $60.00 a week, except that if the wages earned were less…
24 V.I.C. § 254d Permanent total disability
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Compensation, known as continuous income benefits, shall be paid for permanent total disability, provided such disability is a consequence of the injury and ensues within 4 years thereof. Continuous income benefits shall be equal to 66⅔ percent of the employee's weekly wage rate …
24 V.I.C. § 254e Rights of minors
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In the case of minors employed in hazardous occupations in violation of the laws in force on the date of employment who suffer injuries or contract industrial disease under the terms of this chapter, the compensation accruing to them in case of disability, or to their dependents …
24 V.I.C. § 254f Pre-existing disabilities
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(a) If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment resulting in compensation liability for disability that is substantially greater by reason of the combin…
24 V.I.C. § 254g Benefit adjustment
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(a) When the maximum weekly income benefit is changed as provided in section 254d, any person who has been totally continuously disabled for over two years shall, without application, have his benefit adjusted with the provisions of this section.(a) In any case where a totally di…
24 V.I.C. § 254h Alien dependents, payments through consular officers
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In case a deceased employee whose injury or death is compensable leaves surviving dependents residing outside of the United States, the duly accredited consular officer of the country in which such dependents are residing may, with the officer's consent, be the representative of …
24 V.I.C. § 254i Death benefits, lump sum payments, aggregate benefits
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(a) If death ensues at the time of injury, or within four years as a consequence thereof, and the employee leaves no relative who depended upon him for support, the benefits by reason of such death shall be limited to the payment of funeral expenses not exceeding up to $4,000 and…
24 V.I.C. § 254j Death benefits for policemen and firemen
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Any fireman or policeman employed by the Government of the Virgin Islands whose death results from a personal injury arising out of and in the course of his employment, irrespective of fault as a cause of the injury or death, shall be entitled to compensation for death in a sum n…
24 V.I.C. § 255 Assignment or waiver of compensation; exemption from execution, etc.; priority as lien
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No assignment of compensation, or release, sale or conveyance of compensation due or payable under this chapter shall be valid, and such compensation shall be exempt from levy, execution and attachment, which exemption shall not be waived. Compensation shall constitute a first pr…
24 V.I.C. § 256 Administration of chapter; proceedings on claims; judicial review and enforcement of orders
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(a) The provisions of this chapter shall be administered uniformly throughout the Virgin Islands by an administrator under the general supervision of the Commissioner of Labor. The administrator assigned to administer this chapter shall devote his full time to such duties, and in…
24 V.I.C. § 257 Notice, by employee, of injury; report by employer
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(a) By personal delivery or by mail, written notice of an accidental injury shall be given by the person injured or someone in his behalf to the employer or any of his agents within 48 hours after the injury. In the case of an occupational disease notice shall be given by the per…
24 V.I.C. § 258 Filing of claim
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(a) The first claim for compensation for an injury shall be filed in writing within sixty days after the injury on forms to be furnished by the Administrator. Such claims shall be filed at the office of the Administrator or deposited in the mail properly stamped and addressed to …
24 V.I.C. § 259 Examination and treatment; autopsy
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(a) After an injury, the employee shall, as frequently and at such times and places as may be reasonably required, submit himself to examination by such doctor as the Administrator may designate. The employee may have his own doctor present at all such examinations at employee's …
24 V.I.C. § 260 Determination of heirs; survival of rights
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In cases where it may be necessary to determine the heirs of a deceased employee, the proceeding in the district court shall be free of all court costs. Any right given by this chapter to any employee shall survive to his personal representative for the benefit of his heirs.
24 V.I.C. § 261 Uninsured employers
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(a) (1) Claims for expenses for medical attendance, hospitalization, medicines, compensation and other expenses in the case of an employee working for an employer who, in violation of law, is not insured, hereinafter referred to as “uninsured employer”, shall be processed and pai…
24 V.I.C. § 262 Violation of safety orders; penalties
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(a) Where injury or death results from failure to obey a safety order of the Administrator fifteen percent penalty shall be added to any award by the Administrator, which penalty shall be payable directly by the employer. (b) Whoever, after citation by the Administrator, violates…
24 V.I.C. § 263 Liability of third persons; subrogation
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In cases where the injury, the occupational disease or the death entitling the workman or employee or his beneficiaries to compensation in accordance with this chapter has been cause under circumstances making third persons responsible for such injury, disease or death, the injur…
24 V.I.C. § 263a Abrogation of the borrowed employee doctrine
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It shall not be a defense to any action brought by or on behalf of an employee, that the employee at the time of his injury or death, was the borrowed, loaned, or rented employee of another employer. Any oral or written agreement between an employer and employee which makes the e…
24 V.I.C. § 265 Government Insurance Fund
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There is hereby created a fund to be known as “The Government Insurance Fund” for the purpose of insuring employers against liabilities under this chapter and of assuring to the persons entitled thereto the compensation provided by this chapter. This Fund shall consist of all pre…
24 V.I.C. § 267 Administrative expenses
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The expenses of administering the Government Insurance Fund and operating expenses of the Workers' Compensation Administration under this chapter, including wages of salaried employees, shall be fixed by the Governor upon the recommendation of the Legislature and paid from the pr…
24 V.I.C. § 268 Schedule of classifications; premium rates
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It shall be the duty of the Commissioner of Finance in the exercise of the power hereby conferred upon him to prepare a schedule of classifications according to the hazards of the occupations or industries. He shall also fix the lowest possible premium rates, including minimum pr…
24 V.I.C. § 269 Annual revision of classifications and premiums
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On July 1, 1958, and annually thereafter, the Commissioner of Finance shall revise such classifications and premiums as, in his judgment, should be revised. Such revision shall be in accordance with underwriting experience and other incidental experience and available statistics …
24 V.I.C. § 270 Accounts and statistics
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The Commissioner of Finance shall keep an accurate account of the money paid in for premiums by each of the several groups of occupations or industries, and the expenses of administering the Government Insurance Fund, as well as the disbursements and expenses incurred on account …
24 V.I.C. § 271 Review of classifications and rates; use of Experience Rating Plan in fixing rates
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(a) The decision of the Commissioner of Finance fixing and regulating the premium rates for each group of occupations or industries, or any order increasing the premium rate, may be reviewed by the Governor if the aggrieved employer files a complaint with the Governor within thir…
24 V.I.C. § 272 Insurance required, period of coverage
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(a) Every employer shall secure the payment of compensation under this chapter by insuring with the Workers’ Compensation Fund created by this chapter. (b) The insurance of each employer shall be in force immediately after his statement has been filed with the Commissioner of Lab…
24 V.I.C. § 273 Reports by employer, payment of premiums
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(a) Every employer affected by this chapter shall file with the Commissioner of Finance not later than February 28th of each year on forms supplied by the Commissioner of Finance, an actual report for the previous year and an estimated report for the current year, showing the num…
24 V.I.C. § 274 New employers, change in business, cessation of business
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(a) Any new employer or employer who was not insured at the end of the previous year shall file a statement on forms to be provided by the Commissioner of Finance including the estimated wages to be paid his workmen and shall pay the portion of the annual premium due on such wage…
24 V.I.C. § 275 Adjustment of premium on basis of payroll; application of excess premium
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At the end of the period of insurance, an adjustment of premium shall be made according to the actual expenditures of wages. The Commissioner of Finance shall compare the payroll of each employer paying premiums in accordance with this chapter for such calendar year with the payr…
24 V.I.C. § 276 Uncollectible premiums
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The Director shall from time to time prepare and certify to the Legislature, through the Governor, a list showing in detail the dates and steps taken by the Government for the collection of unpaid premiums, interest, and penalties owed to the Workers’ Compensation Trust Fund as m…
24 V.I.C. § 277 Penalties, interest, action for collection injunction
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(a) Every employer who fails to insure as provided in this chapter, or who fails to file such statements as required by this chapter, or who fails to make such payments as required by this chapter shall be fined not more than $5,000 or imprisoned not more than six months, or both…
24 V.I.C. § 279 Records of employers; inspection; penalty for false records or reports
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Every employer insured under the Workers’ Compensation Trust Fund shall keep a true and accurate record of the number of employees and of the wages paid, and the records must be always available for inspection and audit by the Director and the Commissioner of Labor. The Commissio…
24 V.I.C. § 280 Pending cases
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The provisions of this chapter shall be applicable to all compensation cases pending at the time it takes effect.
24 V.I.C. § 281 Compensation for persons engaged in public recreational activity; reimbursement
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(a) As used in this section, “public recreational activity” means active and regular participation, without remuneration and whether as player, coach, referee, umpire, manager or other participant in any athletic or sport event sponsored, approved or supervised by the Department …
24 V.I.C. § 282 Compensation for members and trainees of Civil Defense Volunteer Corps, Volunteer Fire Service and Police Auxiliary
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(a) Members, officers and trainees of:(1) the National Guard of the Virgin Islands;(2) the Volunteer Fire Service of the Virgin Islands, the Virgin Islands Police Auxiliary;(3) St. Croix Rescue, Inc., St. Thomas Rescue, Inc., St. John Rescue, Inc., Water Island Search and Rescue,…
24 V.I.C. § 283 Policemen, prison guards, matrons and firemen suffering disability or death from hypertension or heart disease
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Any condition of impairment of health caused by hypertension or heart disease resulting in total or partial disability or death to a member of the Virgin Islands Police Force, a prison guard and matron or a member of the Fire Division of the U.S. Virgin Islands Police Department …
24 V.I.C. § 284 Exclusiveness of remedy
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(a) When an employer is insured under this chapter, the right herein established to obtain compensation shall be the only remedy against the employer; but in case of accident to, or disease or death of, an employee not entitled to compensation under this chapter, the liability of…
24 V.I.C. § 285 Mandatory rehiring of injured employee
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(a) An employer shall rehire any employee who—(1) has been disabled and thereby unable to continue his employment, as certified under this chapter, and(2) immediately after the termination of the disability, applies to the employer for reemployment in the position which he held, …
24 V.I.C. § 286 Recording and reporting of injuries by employers
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(a) Every employer shall keep a record of all injuries, fatal, or otherwise, received by its employees in the course of their employment. Within 48 hours after notice is received, or should have been received by the employer of an accident resulting in personal injury, which shal…
24 V.I.C. § 287 Prohibition against job discrimination based on receipt of prior benefits
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(a) It shall be prohibited for any employer to inquire into, or to consider for the purpose of assessing fitness or capability for employment, whether a job applicant with regard to employment has filed for or received benefits under this chapter or to discriminate against a job …
24 V.I.C. § 288 Keeping of transcripts
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(a) The Commissioner of Labor may employ additional staff, if necessary, in order to record the testimony and evidence at hearings conducted by the Administrative Law Judge. (b) The record, or minutes, of the hearing shall be transcribed in every case and shall be kept by the Com…