Alaska Statutes
Alaska Stat. § 23.30.075 (2026)
Employer's liability to pay
✓ current as of July 2026
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Sec. 23.30.075. Employer's liability to pay.
(a) An employer under this chapter, unless exempted, shall either insure and keep insured for the employer's liability under this chapter in an insurance company or association duly authorized to transact the business of workers' compensation insurance in this state, or shall furnish the division satisfactory proof of the employer's financial ability to pay directly the compensation provided for. If an employer elects to pay directly, the board may, in its discretion, require the deposit of an acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred.
(b) If an employer fails to insure and keep insured employees subject to this chapter or fails to obtain a certificate of self-insurance from the division, upon conviction, the court shall impose a fine of $10,000 and may impose a sentence of imprisonment for not more than one year. If an employer is a corporation, all persons who, at the time of the injury or death, had authority to insure the corporation or apply for a certificate of self-insurance, and the person actively in charge of the business of the corporation shall be subject to the penalties prescribed in this subsection and shall be personally, jointly, and severally liable together with the corporation for the payment of all compensation or other benefits for which the corporation is liable under this chapter if the corporation at that time is not insured or qualified as a self-insurer.
(a) An employer under this chapter, unless exempted, shall either insure and keep insured for the employer's liability under this chapter in an insurance company or association duly authorized to transact the business of workers' compensation insurance in this state, or shall furnish the division satisfactory proof of the employer's financial ability to pay directly the compensation provided for. If an employer elects to pay directly, the board may, in its discretion, require the deposit of an acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred.
(b) If an employer fails to insure and keep insured employees subject to this chapter or fails to obtain a certificate of self-insurance from the division, upon conviction, the court shall impose a fine of $10,000 and may impose a sentence of imprisonment for not more than one year. If an employer is a corporation, all persons who, at the time of the injury or death, had authority to insure the corporation or apply for a certificate of self-insurance, and the person actively in charge of the business of the corporation shall be subject to the penalties prescribed in this subsection and shall be personally, jointly, and severally liable together with the corporation for the payment of all compensation or other benefits for which the corporation is liable under this chapter if the corporation at that time is not insured or qualified as a self-insurer.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1963–2024 · leading case: Alyeska Pipeline Serv. Co. v. DeShong, 77 P.3d 1227 (Alaska 2003).
Alyeska Pipeline Serv. Co. v. DeShong, 77 P.3d 1227 (Alaska 2003). “[35] AS 23.30.075(a). [36] 544 P.2d 82 (Alaska 1975).”
Clary Ins. Agency v. Doyle, 620 P.2d 194 (Alaska 1980). “Such authority exists under AS 23.30.075. 16 . In closing argument the appellants argued that the issue of criminal sanctions was a “red herring,” but they did not specifically object to the appellee’s statements until they moved for a new trial.”
Veco, Inc. v. Wolfer, 693 P.2d 865 (Alaska 1985). “In fact, we see no reason why Veco should not be treated as a subsequent insurer in this case. Moreover, applying the presumption and the rule to a dispute between a carrier and its former insured has two advantages.”
State, Div. of Workers' Comp. v. Titan Enter., LLC, 338 P.3d 316 (Alaska 2014). “CONCLUSION We REVERSE the Commission's decision that Titan was the successful party on appeal and REMAND to the Commission for further proceedings consistent with this opinion. MAASSEN, Justice, not participating.”
Ehredt v. DeHavilland Aircraft Co. of Canada, 705 P.2d 446 (Alaska 1985). “045, AS 23.30.075. If an employer complies by procuring a policy covering its employees, it is protected from an employee’s action at law by the exclusive liability provision.”
Virgil A. Adams v. State of Alaska, Workers' Comp. Benefits Guar. Fund; Michael A. Heath d/b/a O&M Enter.; & the Michael A. Heath Trust, 467 P.3d 1053 (Alaska 2020). “41 See AS 23.30.075(a) (“An employer . . . shall .”
Richard B. Eldridge, & Kathleen A. Eldridge Richard N. Eldridge Vincent S. Eldridge v. Felec Servs., Inc., 920 F.2d 1434 (9th Cir. 1990). “Alaska Stat. §§ 23.30.075 , 23.30.085. The dismissal of an employee in retaliation for the employee’s pursuit of his rights under the Alaska Workers’ Compensation Act abrogates the statute’s purpose.”
Leona Seal, as Pers. Rep. of the Est. of Nicholson J. Tinker v. Mark C. Welty d/b/a North Country Servs., 477 P.3d 613 (Alaska 2020). “25 An employee may file a claim against the Fund only when an employer “fails to meet the requirements of AS 23.30.075 and . . . fails to pay compensation and benefits due to the employee under [the Act].”
Richard v. Fireman's Fund Ins. Co., 384 P.2d 445 (Alaska 1963). “193, § 30 [AS 23.30.075]. 8 . S.L.A.1959, ch. 193, § 40(4) [AS 23.”
Yong Kang v. Mullins, 420 P.3d 1210 (Alaska 2018). “AS 23.30.075. AS 23.30.230. AS 23.30.395(20).”
State of Alaska, DFCS, Off. of Child.'s Servs. v. Brett Lane, 542 P.3d 1124 (Alaska 2024). “”); AS 23.30.075(a) (providing that employer must maintain workers’ compensation insurance or pay benefits directly).”
Smith Ex Rel. Smith v. Marchant Enter., Inc., 791 P.2d 354 (Alaska 1990). “At all relevant times, AS 23.30.075(b) stated: An employer who fails to insure and keep insured employees subject to this chapter or fails to obtain a certificate of self-insurance from the board, upon conviction, is punishable by a fine of $1,000, or by imprisonment for not…”
— Alaska Stat. § 23.30.075(a) — 4 cases
Alyeska Pipeline Serv. Co. v. DeShong, 77 P.3d 1227 (Alaska 2003). “[35] AS 23.30.075(a). [36] 544 P.2d 82 (Alaska 1975).”
Veco, Inc. v. Wolfer, 693 P.2d 865 (Alaska 1985). “In fact, we see no reason why Veco should not be treated as a subsequent insurer in this case. Moreover, applying the presumption and the rule to a dispute between a carrier and its former insured has two advantages.”
Virgil A. Adams v. State of Alaska, Workers' Comp. Benefits Guar. Fund; Michael A. Heath d/b/a O&M Enter.; & the Michael A. Heath Trust, 467 P.3d 1053 (Alaska 2020). “41 See AS 23.30.075(a) (“An employer . . . shall .”
State of Alaska, DFCS, Off. of Child.'s Servs. v. Brett Lane, 542 P.3d 1124 (Alaska 2024). “”); AS 23.30.075(a) (providing that employer must maintain workers’ compensation insurance or pay benefits directly).”
— Alaska Stat. § 23.30.075(b) — 2 cases
State, Div. of Workers' Comp. v. Titan Enter., LLC, 338 P.3d 316 (Alaska 2014). “CONCLUSION We REVERSE the Commission's decision that Titan was the successful party on appeal and REMAND to the Commission for further proceedings consistent with this opinion. MAASSEN, Justice, not participating.”
Smith Ex Rel. Smith v. Marchant Enter., Inc., 791 P.2d 354 (Alaska 1990). “At all relevant times, AS 23.30.075(b) stated: An employer who fails to insure and keep insured employees subject to this chapter or fails to obtain a certificate of self-insurance from the board, upon conviction, is punishable by a fine of $1,000, or by imprisonment for not…”
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