HJ0007 - Workers' compensation-grossly negligent employer.

 

2001

State of Wyoming

01LSO-0542

 

 

 

HOUSE JOINT RESOLUTION NO.  HJ0007

 

 

Workers' compensation-grossly negligent employer.

 

Sponsored by:  Representative(s) Sadler

 

 

A BILL

 

for

 

 1  A JOINT RESOLUTION proposing to authorize an employee who
 2  is covered under workers' compensation and who is injured
 3  on the job to sue his employer if the employer was grossly
 4  negligent and that gross negligence was the cause of the
 5  injury.

 6 

 7  BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING,
 8  two-thirds of all the members of the two houses, voting
 9  separately, concurring therein:

10 

11         Section 1.  The following proposal to amend Wyoming
12  Constitution, Article 10, Section 4 is proposed for
13  submission to the electors of the State of Wyoming at the
14  next general election for approval or rejection to become
15  valid as a part of the Constitution if ratified by a
16  majority of the electors at the election:

17 

 

Page  1

 

 

 

 1         Article 10, Section 4.  Damages for personal injuries
 2  or death not to be limited; worker's compensation.

 3 

 4  No law shall be enacted limiting the amount of damages to
 5  be recovered for causing the injury or death of any person. 
 6  Any contract or agreement with any employee waiving any
 7  right to recover damages for causing the death or injury of
 8  any employee shall be void. As to all extrahazardous
 9  employments the legislature shall provide by law for the
10  accumulation and maintenance of a fund or funds out of
11  which shall be paid compensation as may be fixed by law
12  according to proper classifications to each person injured
13  in such employment or to the dependent families of such as
14  die as the result of such injuries, except in case of
15  injuries due solely to the culpable negligence of the
16  injured employee. The fund or funds shall be accumulated,
17  paid into the state treasury and maintained in such manner
18  as may be provided by law. Monies in the fund shall be
19  expended only for compensation authorized by this section,
20  for administration and management of the Workers'
21  Compensation Act, debt service related to the fund and for
22  workplace safety programs conducted by the state as
23  authorized by law. The right of each employee to
24  compensation from the fund shall be in lieu of and shall

Page  2

 

 

 

 1  take the place of any and all rights of action against any
 2  employer contributing as required by law to the fund in
 3  favor of any person or persons by reason of the injuries or
 4  death, except an employee may maintain a right of action
 5  against an employer who was grossly negligent and whose
 6  gross negligence is the proximate cause of the injury to
 7  the employee. Subject to conditions specified by law, the
 8  legislature may allow employments not designated
 9  extrahazardous to be covered by the state fund at the
10  option of the employer. To the extent an employer elects to
11  be covered by the state fund and contributes to the fund as
12  required by law, the employer shall enjoy the same immunity
13  as provided for extrahazardous employments.

14 

15         Section 2.  The Secretary of State shall endorse the
16  following statement on the proposed amendment:

17 

 

Page  3

 

 

 

 1  This amendment would allow an employee who is covered under
 2  workers' compensation to sue his employer if the cause of
 3  the employee's injury was a result of the employee's gross
 4  negligence. Under current law, an employee covered under
 5  workers' compensation may not sue his employer for injuries
 6  caused on the job.

 7 

 8                         (END)

 

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