Filing of Compliance Certificate with the Commission:
Regardless of industry, or the number of employees an employer regularly employs, all employers and business owners officially certified and authorized by the Department of Commerce (DOC) to conduct business in American Samoa are also required by law to file a secured compliance certificate with the Workmen's Compensation Commission.
WC Compliance Procedure for Employers Applying or Renewing Business License:
Workmen's compensation neither associates with the DOC's business license cycle and process nor interfere with the employer's capacity to file and obtain a business license. Nonetheless, all businesses and employers with a valid business license to conduct business in the Territory of American Samoa are subjected to all provisions of the American Samoa Workmen's Compensation Act (ASWCA). To meet full compliance, an employer is not only required to file a compliance certificate with the Commission, but also to obtain a valid workmen's compensation insurance with any authorized carrier within the Territory if regularly employing 3 or more employees.
Therefore, any time an employer applies or renews a business license with the DOC during every licensing cycle, the employer must also ensure to fulfill all of its workmen's compensation obligation as well. The employer has to make sure a compliance certificate is filed and remains valid with the Commission's Office.
Violation or Failure to File a Compliance Certificate:
It is considered a Class A Misdemeanor when an employer violates or fails to file a secured compliance certificate with the Commission. The Commission may also cite a recommendation notice for DOC to withhold or revoke the employer's business license when an employer continually fails to comply.
HOW TO FILE A COMPLIANCE CERTIFICATE:
Filing a Certificate of Compliance
(For Qualified Employers)
Step 1: Furnish and submit clearance form.
The employer is required to furnish and submit clearance form WCC FORM EC-1 with the following documentation below. The EC-1 form should be filed within 3 days after filing a new or renewal business license with DOC, or within 5 days after securing or renewing insurance policy with the carrier.
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Copy of valid insurance policy - preferably the coverage notice or Notice of Workmen's Compensation Secured Coverage. This notice is issued by the carrier to the employer as proof of an insurance policy being purchased. The employer is required by law to post this notice at its place or places of business.