Respecting the relationship between workers' compensation benefits and the benefits available under the Migrant and Seasonal Agricultural Worker Protection Act.
PL 104-49 (H.R.1715), enacted 11/15/1995

109 STAT. 432 
PUBLIC LAW 104-49—NOV. 15, 1995 
Public Law 104-49 
104th Congress 
An Act 
29 u s e 1854 
note. 
Nov. 15, 1995 
Respecting the relationship between workers' compensation benefits and the benefits 
[H.R. 1715J 
available under the Migrant and Seasonal Agricultural Worker Protection Act. 
Be it enacted by the Senate and House of Representatives 
of 
Intergovem- 
the United States of America in Congress assembled, 
mental relations. 
SECTION 1. WORKERS' COMPENSATION. 
(a) AMENDMENTS.— 
(1) Section 325 of the Legislative Branch Appropriations 
Act, 1993 (Public Law 102-392) is repealed. 
(2) Section 504(d) of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1854(d)) is amended to read 
as follows: 
"(d)( 1) Notwithstanding any other provision of this Act, where 
a State workers' compensation law is applicable and coverage is 
provided for a migrant or seasonal agricultural worker, the workers' 
compensation benefits shall be the exclusive remedy for loss of 
such worker under this Act in the case of bodily injury or death 
in accordance with such State's workers' compensation law. 
"(2) The exclusive remedy prescribed by paragraph (1) precludes 
the recovery under subsection (c) of actual damages for loss from 
an injury or death but does not preclude recovery under subsection 
(c) for statutory damages or equitable relief, except that such relief 
shall not include back or front pay or in any manner, directly 
or indirectly, expand or otherwise alter or affect (A) a recovery 
under a State workers' compensation law or (B) rights conferred 
under a State workers' compensation law.". 
(b) EFFECTIVE DATE.—The amendment made by subsection 
(a)(2) shall apply to all cases in which a final judgment has not 
been entered. 
29 u s e 1854 
note. 
Courts. 
SEC. 2. EXPANSION OF STATUTORY DAMAGES. 
(a) AMENDMENT.—Section 504 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 1854) is amended 
by adding after subsection (d) the following: 
"(e) If the court finds in an action which is brought by or 
for a worker under subsection (a) in which a claim for actual 
damages is precluded because the worker's injury is covered by 
a State workers' compensation law as provided by subsection (d) 
that— 
"(1)(A) the defendant in the action violated section 401(b) 
by knowingly requiring or permitting a driver to drive a vehicle 
for the transportation of migrant or seasonal agricultural work-
ers while under the influence of alcohol or a controlled sub-
stance (as defined in section 102 of the Controlled Substances 
PUBLIC LAW 104-49—NOV. 15, 1995 
109 STAT. 433 
Act (21 U.S.C. 802)) and the defendant had actual knowledge 
of the driver's condition, and 
"(B) such violation resulted in injury to or death of the 
migrant or seasonal worker by or for whom the action was 
brought and such injury or death arose out of and in the 
course of employment as determined under the State workers' 
compensation law, 
"(2)(A) the defendant violated a safety standard prescribed 
by the Secretary under section 401(b) which the defendant 
was determined in a previous judicial or administrative proceed-
ing to have violated, and 
"(B) such safety violation resulted in an injury or death 
described in paragraph (1)(B), 
"(3)(A)(i) the defendant willfully disabled or removed a 
safety device prescribed by the Secretary under section 401(b), 
or 
"(ii) the defendant in conscious disregard of the require-
ments of section 401(b) failed to provide a safety device required 
under such section,, and 
"(B) such disablement, removal, or failure to provide a 
safety device resulted in an injury or death described in para-
graph (1)(B), or 
"(4)(A) the defendant violated a safety standard prescribed 
by the Secretary under section 401(b), 
"(B) such safety violation resulted in an injury or death 
described in paragraph (1)(B), and 
"(C) the defendant at the time of the violation of section 
401(b) also was— 
"(i) an unregistered farm labor contractor in violation 
of section 101(a), or 
"(ii) a person who utilized the services of a farm labor 
contractor of the type specified in clause (i) without taking 
reasonable steps to determine that the farm labor contrac-
tor possessed a valid certificate of registration authorizing 
the performance of the farm labor contracting activities 
which the contractor was requested or permitted to perform 
with the knowledge of such person, 
the court shall award not more than $10,000 per plaintiff per 
violation with respect to whom the court made the finding described 
in paragraph (1), (2), (3), or (4), except that multiple infractions 
of a single provision of this Act shall constitute only one violation 
for purposes of determining the amount of statutory damages due 
to a plaintiff under this subsection and in the case of a class 
action, the court shall award not more than the lesser of up to 
$10,000 per plaintiff" or up to $500,000 for all plaintiffs in such 
class action.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 29 use 1854 
shall apply to all cases in which a final judgment has not been note. 
entered. 
SEC. 3. TOLLING OF STATUTE OF LIMITATIONS. 
Section 504 of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1854), as amended by section 2, is amend-
ed by adding after subsection (e) the following: 
"(f) If it is determined under a State workers' compensation 
law that the workers' compensation law is not applicable to a 
claim for bodily injury or death of a migrant or seasonal agricultural 
99-194 O - 95 - 15 : QL 3 Part 1 
109 STAT. 434 
PUBLIC LAW 104-49—NOV. 15, 1995 
Regulations. 
29 u s e 1821 
note. 
worker, the statute of limitations for bringing an action for actual 
damages for such injury or death under subsection (a) shall be 
tolled for the period during which the claim for such injury or 
death under such State workers' compensation law was pending. 
The statute of limitations for an action for other actual damages, 
statutory damages, or equitable relief arising out of the same trans-
action or occurrence as the injury or death of the migrant or 
seasonal agricultural worker shall be tolled for the period during 
which the claim for such injury or death was pending under the 
State workers' compensation law.". 
SEC. 4. DISCLOSURE OF WORKERS' COMPENSATION COVERAGE. 
(a) MIGRANT WORKERS.—Section 201(a) of the Migrant and 
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1821(a)) 
is amended by striking "and" at the end of paragraph (6), by 
striking the period at the end of paragraph (7) and inserting "; 
and", and by adding after paragraph (7) the following: 
"(8) whether State worlwrs' compensation insurance is pro-
vided, and, if so, the name of the State workers' compensation 
insurance carrier, the name of the policyholder of such insur-
ance, the name and the telephone number of each person who 
must be notified of an injury or death, and the time period 
within which such notice must be given. 
Compliance with the disclosure requirement of paragraph (8) for 
a migrant agricultural worker may be met if such worker is given 
a photocopy of any notice regarding workers' compensation insur-
ance required by law of the State in which such worker is employed. 
Such worker shall be given such disclosure regarding workers' 
compensation at the time of recruitment or if sufficient information 
is unavailable at that time, at the earliest practicable time but 
in no event later than the commencement of work.". 
(b) SEASONAL WORKERS.—Section 301(a)(1) of the Migrant and 
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1831(a)(1)) 
is amended by striking "and" at the end of subparagraph (F), 
by striking the period at the end of subparagraph (G) and inserting 
"; and", and by adding after subparagraph (G) the following: 
"(H) whether State workers' compensation insurance is pro-
vided, and, if so, the name of the State workers' compensation 
insurance carrier, the name of the policyholder of such insur-
ance, the name and the telephone number of each person who 
must be notified of an injury or death, and the time period 
within which such notice must be given. 
Compliance with the disclosure requirement of subparagraph (H) 
may be met if such worker is given, upon request, a photocopy 
of any notice regarding workers' compensation insurance required 
by law of the State in which such worker is employed.". 
(c) EFFECTIVE DATE.—^The amendments made by subsections 
(a) and (b) shall take effect upon the expiration of 90 days after 
the date final regulations are issued by the Secretary of Labor 
to implement such amendments. 
SEC. 5. LIABILITY INSURANCE. 
(a) AMENDMENT.—Section 401(b)(3) of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 1841(b)(3)) is amend-
ed to read as follows: 
"(3) The level of insurance required under paragraph (1)(C) 
shall be determined by the Secretary considering at least the factors 
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PUBLIC LAW 104-49—NOV. 15, 1995 
109 STAT. 435 
set forth in paragraph (2)(B) and similar farmworker transportation 
requirements under State law.". 
(b) REGULATIONS.—^Within 180 days of the date of the enact- 
29 use 1841 
ment of this Act, the Secretary of Labor shall promulgate regula- note, 
tions establishing insurance levels under section 401(b)(3) of the 
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 
1841(b)(3)) as amended by subsection (a). 
(c) EFFECTIVE DATE.—^The amendment made by subsection (a) 
29 USC1841 
takes effect upon the expiration of 180 days after the date of note. 
enactment of this Act or upon the issuance of final regulations 
under subsection (b), whichever occurs first. 
Approved November 15, 1995. 
LEGISLATIVE HISTORY—H.R. 1715: 
CONGRESSIONAL RECORD, Vol. 141 (1995): 
Oct. 17, considered and passed House. 
Oct. 31, considered and passed Senate.