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Firm fined for not insuring worker

Magistrate Archibald Warner

A construction firm has been fined for not providing a worker with health insurance — with the magistrate lamenting the low penalties available under the law.

Dennis Correia, appearing on behalf of Correia Construction, pleaded guilty yesterday to failing to provide Cordova Marshall with a health insurance policy between August 1, 2013, and November 9, 2013.

The firm also admitted failing to tell Mr Marshall that he did not have a policy between those dates.

The court heard that Mr Marshall discovered he was not insured after a serious accident that left him in a wheelchair.

Addressing the court, defence lawyer Richard Horseman said that the failure to insure Mr Marshall had been an honest mistake because the company had believed he was a “casual worker” and, as such, had his own insurance.

“Correia Construction believed they were hiring this gentleman as a subcontractor,” he said. “They indicated that he should have his own insurance and thought that he did.

“The company wanted to help out some Bermudians and had some temporary work that was going on for six months. They didn’t want to hire someone who would go on to be a permanent employee.”

He told the court that the company had made efforts to ensure that this mistake was not repeated.

But Magistrate Archibald Warner responded: “That’s not going to help the victim pay his hospital bills, is it?”

Mr Warner noted the low maximum penalties for the offences — a $500 fine for failing to provide insurance and a $1,000 penalty for failing to notify an employee that they did not have health insurance.

He said that civil penalties would likely result in a larger payout, although Government should consider introducing stronger penalties to discourage such offences.

“I would have hoped that Parliament, in its wisdom, if they wanted to encourage people to comply with the law so that people are covered, would have made the penalties far more drastic,” he said.

Prosecutors argued that the magistrate should consider a penalty as close to the maximum as possible, but Mr Horseman noted that the firm was entitled to a discount because it had no previous offences in its 41-year history, and had admitted guilt.

Mr Warner fined Correia Construction $450 for the first charge and $990 for the second.