Section 12Part 0 —
Recovery of damages from employer in default
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Where an employer to whom this Act applies fails or neglects — (a) to effect any contract of health insurance which the employer is required to effect by section 5; or (b) to comply with the requirements of this Act or any regulations made thereunder relating to the payment of premiums and submission of records, and, by reason thereof, any person has lost any benefit to which that person would have been entitled if such failure or neglect had not occurred, that person shall be entitled to recover from the employer in a court of summary jurisdiction for loss or damages which result directly from the employer’s failure or neglect.
In any proceedings brought under subsection (1), a certificate issued by the Commission specifying the amount of any benefit which would, in the absence of any failure or neglect of an employer, have been payable for any benefit under the standard health insurance contract shall be evidence of the facts stated therein.
In any proceedings under this section relating to the failure or neglect of an employer to comply with this Act in respect of the dependants of an employee, it shall be a defence for the employer to prove that the employer did not know, and could not reasonably be expected to have known, that the employee in question had dependants or that such dependants were persons in respect of whom the employer was required to effect a contract of insurance.