Current through Public Act 151 of the 2024 Legislative Session
Section 418.641 - Noncompliance as misdemeanor; penalty; separate offenses; damages for violation of MCL 418.171 or MCL 418.611; recovery from uninsured employer; disposition of fines; director as party; injuries to which subsections (3), (4), and (5) applicable(1) An employer who fails to comply with the provisions of section 611 is guilty of a misdemeanor and may be fined not more than $1,000.00, or imprisoned for not more than 6 months, or both. Each day's failure is a separate offense. An individual employee of an employer who refuses to provide information requested by the fund trustees under section 532(10) is guilty of a misdemeanor and may be fined not more than $1,000.00, or imprisoned for not more than 6 months, or both.(2) The employee of an employer who violates the provisions of section 171 or 611 shall be entitled to recover damages from the employer in a civil action because of an injury that arose out of and in the course of employment notwithstanding the provisions of section 131.(3) The director of the bureau shall have the right and obligation to recover on behalf of the workplace health and safety fund from an uninsured employer in a civil action the amounts provided in section 723. If the employer is a corporation, the officers and directors of the corporation shall be individually and jointly and severally liable for any portion of the obligation and expenses that are not satisfied by the corporation.(4) Any amounts collected pursuant to subsection (3) shall be paid to the uninsured employer's security account within the workplace health and safety fund established in sections 722 and 723.(5) For the purposes of this section, the director shall be considered a party as described in section 863.(6) Subsections (3), (4), and (5) shall apply to injuries that occur on or after June 29, 1990.1969, Act 317, Eff. 12/31/1969 ;--Am. 1985, Act 103, Imd. Eff. 7/30/1985 ;--Am. 1990, Act 157, Imd. Eff. 6/29/1990 ;--Am. 1993, Act 118, Imd. Eff. 7/20/1993 ;--Am. 1996, Act 357, Imd. Eff. 7/1/1996.