2008 House Bill 282 (Increase employer liability for employee injury)

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Introduced by Rep. Charlie Hoffman (D) on January 11, 2008, to allow an employee to sue his or her employer for damages relating to the employer's "gross negligence" that causes an injury to an employee. The bill changes current law that limits an employer's liability under worker's compensation law.
- Referred to the House Labor and Industry Committee on January 15, 2008.
- Withdrawn by Rep. Charlie Hoffman (D) on January 25, 2008, to allow an employee to sue his or her employer for damages relating to the employer's "gross negligence" that causes an injury to an employee. The bill changes current law that limits an employer's liability under worker's compensation law.

Most Recent Comments

1) News Flash [by Anonymous Citizen on January 28, 2008]
Not only can anyone with about $75 dollars sue anyone for anything (thanks to the trial lawyers association blocking global style loser pays legislation) but why would we want to add to the already overburdened court system when we have a fairly equitable system in place. Lawyers are already pouring more gasoline on a raging fire. This would give them another truckload of fuel.
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2) New Standard is needed [by Anonymous Citizen on January 21, 2008]
The change in standard from "deliberate intent" to "gross negligence" is sorely needed. It will force employers to provide safer working environments while continuing to ensure that the work comp scheme isn't easily circumvented. Business in the Commonwealth is certainly not going to grind to a halt, nor will the courthouses be filled with litigants as a result of this change. Responsible businesses have insurance policies that cover premises liability resulting from negligence already. And the comp system is far from an "automatic" compensation avenue for injured workers. Moving them from one litigation venue to another isn't going to cause a breakdown of the system. Under the current law a worker has to prove that his employer, basically, pushed him/her into a machine in order to pursue the civil action. This is an archaic view and does nothing to make the workplace safer.
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3) Human Who Cares [by Anonymous Citizen on January 15, 2008]
Something MUST be done to get these idiot employer's attention concerning employee health and safety! Believe me when I say that during my 30+ years working for Kentucky's OSHA Program the total disregard for the health and safety of most employees was astounding! Most employers gave only lip service to the idea of a safe and healthful work environment. All they really cared about was making more money regardless of the cost to their employee's safety and health. This attitude is not only disgusting but extremely stupid because they wasted so much money paying for the injuries and illnesses they caused their profits actually suffered but the vast majority of the employers were just too stupid to figure it out!!!! Maybe if the employee or their estate could take legal action against the employer for injuries and illnesses relating to work environment the protection of employee's health and safety would become more important to even the stupidest of employers.
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