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

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Introduced by Rep. Charlie Hoffman 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- Withdrawn by Rep.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 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.

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Comments

Introduced by Rep. Charlie Hoffman on January 11, 2008. New Comment

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) 80 year set back in progress [by JGault on January 15, 2008]
Sure, let employees sue for wrongful death, but we'd have to scrap workers comp. Why would we want to go back to the days when an employee had to prove negligence in order to recover for a work injury? The trade off for workers comp was to give up pain and suffering awards for automatic payment of medicals and lost wages. this bill would be a huge step backward for employee benefits.
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3) 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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4) HB 282: The Most Anti-Business Bill of 2008!!! [by Anonymous Citizen on January 12, 2008]
This is, without question, the most anti-business piece of legislation filed to date. If the goal is to mandate that economic development be ground to a halt and that every courtroom in Kentucky be clogged with individuals hoping to strike it rich because of the vicious paper cut received while opening the mail... mission accomplished.

The only job growth Kentucky will experience if this legislation passes will be from trial attorneys forced to hire aids to help them count and then haul their money to the bank.

Please take a moment to review this legislation while considering that an injury is anything from a broken nail to a paper cut to a sprained back and that it will cost an employee nothing to file one of these cases.

The Commonwealth could write off ever attracting another Toyota or Ford with the cost of insurance going through the roof. This would certainly result in increased costs of housing, services, and consumer goods.

Employees must be compensated in the event they are injured on the job. This is effectively accomplished through workers compensation. Lets not run employers out of the state to benefit the already wealthy trial lawyers.

Call your legislator on this one and urge him or her to vote against HB 282!!!!!!

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5) 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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6) A Human Being Who Cares [by Anonymous Citizen on January 12, 2008]
YES!!! Workers or their estate should be able to take legal action against an employer responsible in anyway or to any degree for that worker's injury, illness, or death! Under KRS 338 every employer in this Commonwealth has the responsibility to provide a workplace free from recognized safety and health hazards. If they fail to do that then they should be open to legal actions on the behalf of the employee(s)!
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7) Yes More Lawsuits is the Answer! [by Anonymous Citizen on January 14, 2008]
This bill would eliminate workers compensation as the "exclusive remedy" for injured workers virtually destroying the workers comp system in this state.

This would result in more lawsuits being filed by trial attorneys who have proposed this bill through the auspices of the KY Justice Association, formerly the Ky Academy of Trial Attorneys.

This bill is bad for business and bad for employees. But it is good for lawyers.
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