WORKERS' COMPENSATION ADMINISTRATION
WEBINAR
Overview
With the enactment of Act No. 8859, the administration of the Government Insurance Fund was transferred from the Commissioner of the Virgin Islands Department of Finance to the Commissioner of the Virgin Islands Department of Labor. Additionally, various sections of Title 24, Chapter 11 of the Virgin Islands Code were amended to facilitate better recovery for injuries or diseases that arise out of and in the course of employment in the Virgin Islands. These changes aim to improve the process under the Workers’ Compensation Administration and ensure that workers entitled to Workers’ Compensation benefits receive medical coverage, rehabilitation services, and disability compensation without undue delay. This is achieved by merging the benefits and payments of the Workers’ Compensation Insurance Program.
The Government Insurance Fund has been renamed the Workers’ Compensation Trust Fund and reestablished in the Department of Labor, where it is now administered by the Commissioner of the Department of Labor.
To help our employers better navigate these changes on December 4, 2024 & December 17, 2024, VIDOL held a successful Workers’ Compensation Administration Webinar.
Changes to the Claim Unit
- There will be a five-day waiting period before disability benefits can be paid.
- A four-year Statute of Limitations on medical care.
- If there is no activity in a claim for six (6) months, that claim will be considered inactive.
- If a contracted or temporary employee is injured, that employee is eligible only for twenty-six (26) weeks maximum temporary total disability benefits after the termination date of the employment.
- Temporary Total Disability income benefits shall be paid out for a period not to exceed one hundred and twenty (120) weeks; or upon reaching Maximum Medical Improvement (MMI); whichever occurs first.
- If an employee is terminated for just cause no disability benefits shall be issued.
- A fine of $250.00 per failure to respond to a payroll inquiry for employers that do not respond to the agency request for payroll information within ten (10) working days.
Changes to the Underwriting Unit
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Enforcement- Under Title 24 Chapter 11, Section 276
- The time allowed by the Commissioner to pursue delinquent employers for unpaid premiums that include interest and penalties owed to the “fund” was extended from four (4) years to ten (10) years.
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Penalties- Under Title 24 Chapter 11, Section 277
- Every employer who fails to insure or who fails to file as required by the statute shall be fined up to five thousand ($5,000.00) dollars.
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Premium Payments and Due Dates
- File the current year’s actual (9 months) along with the upcoming year’s estimate by September 30th, 2024.
- Once received, VIDOL completes the initial calculation and sends the employer a bill with a payment due date of December 31st, 2024.
- Submit the stamped copy of the 4th Quarter VIESA report filed with VIDOL by January 31st, 2025.
- Once received, VIDOL will complete the final calculations, including an experience rating (if qualified), and send the employer a second bill due by June 30th, 2025
Downloads
Additional Information or Assistance
- Call VIDOL St. Croix at (340) 773-1994 or VIDOL St. Thomas at (340) 776-3700.
- Email the Claims Unit at workerscompensation@dol.vi.gov or the Underwriting Unit at workerscomptrustfund@dol.vi.gov.
- Visit us online at www.vidol.gov.
- Follow us on Facebook at facebook.com/USVIDOL for updates and announcements.