Signed by Governor Earl Tomblin

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that amends requirements for workplace injury lawsuits, effective July 1, 2015.

Highlights:

• Requires an employee or other individual to provide evidence that an employer acted with “deliberate intention” in order to file a workplace injury lawsuit, including, but not limited to, the following evidence (Art. 4):
• Evidence that a supervisor had “actual knowledge” of an unsafe working condition; or
• Evidence that the unsafe working condition violates a written rule, a safety standard publicized by the industry, or a law specifically addressing the unsafe working condition.
• Defines “actual knowledge” as a supervisor’s clear awareness and understanding of an unsafe
• working condition (Art. 4).
• Specifies that actual knowledge is not established by proof of what an employee’s supervisor is
• presumed to know or should know based on reasonable care and diligence (Art. 4).
• Requires an employee’s injury to have resulted in a permanent physical or combination of physical and psychological injury rated at a total whole person impairment level of at least 13 percent to file a workplace injury lawsuit (Art. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends requirements for workplace injury lawsuits.

Highlights:

• Requires an employee or other individual to provide evidence that an employer acted with “deliberate intention” in order to file a workplace injury lawsuit, including, but not limited to, the following evidence (Art. 4):
• Evidence that a supervisor had “actual knowledge” of an unsafe working condition; and
• Evidence that the unsafe working condition violates a written rule, a safety standard publicized by the industry, or a law specifically addressing the unsafe working condition.

• Defines “actual knowledge” as a supervisor’s clear awareness and understanding of an unsafe working condition (Art. 4).

• Specifies that actual knowledge is not established by proof of what an employee’s supervisor is presumed to know or should know based on reasonable care and diligence (Art. 4).

Full Bill Text