A. In addition to penalties prescribed by section 3-3113, the director shall assess a penalty of twenty-five thousand dollars against an employer who is assessed a penalty under section 3-3113, subsection A for each employee injury resulting in permanent disability or death if the director finds all of the following:

1. 1. The employee injury resulting in permanent disability or death was caused by the violation for which the employer is assessed a penalty under section 3-3113, subsection A.
2. 2. Compensation benefits are paid to the injured employee, or in the event of death, the employee’s dependents, under title 23, chapter 6.
3. 3. The violation for which the employer is assessed a penalty under section 3-3113, subsection A did not result from the injured or deceased employee's disobedience to specific instructions given to the employee regarding the job condition causing the injury or death or relating to the safety standards applicable to that job condition.