Compromise That Preserves Valid Claims Reached on Deliberate Intent Legislation, WVAJ Thanks Senate Leaders for Working with All Stakeholders on Bill
March 6, 2015
Charleston, W.Va. – The West Virginia Association for Justice today announced that it had reached a compromise on proposed HB 2011, which deals with deliberate intent claims. Those claims arise when a worksite or equipment does not meet written safety standards and an employee is injured or killed. The compromise is the result of weeks of negotiation with Senate leadership and key stakeholders, including the West Virginia Coal Association and the West Virginia Business and Industry Council.
“We believe that our compromise bill is the best solution for both West Virginia businesses and workers. The revised bill makes it clearer which cases should be brought under the deliberate intent statute. It tightens the criteria, but also ensures that workers with meritorious claims can have their cases heard it court,” said Anthony Majestro, president of the West Virginia Association for Justice.
“This compromise would not have been possible without the support and encouragement of Senate President Bill Cole. Majority Leader Mitch Carmichael and Senate Judiciary Chairman Charles Trump. They worked with us and representatives of the business community to ensure that a compromise that worked for both sides could be reached. We thank them, as well as the West Virginia Coal Association and the West Virginia Business and Industry Council, for working with us.”
Under West Virginia law, employers must ensure that their facilities, worksites and equipment meet written governmental and industry safety standards. When a worker is injured or killed on the job as a result of unsafe conditions, a deliberate intent claim can be filed. All claims must meet a strict five-part test.
1. A specific, unsafe working condition exists which presents risk of serious injury or death;
2. The specific, unsafe working condition is a violation or contradictory to federal, state or written industry safe workplace rules and regulations;
3. The employer through its management knows the unsafe working condition exists and the risks that it presents;
4. The employer nevertheless exposes the employee to the unsafe working condition; and
5. The employee is injured or killed.
If any element is not met, there is no deliberate intent claim. The compromise tightens the language regarding employer knowledge of the condition to make it clearer for the court and jury to interpret. It also defines “serious injury” as one that meets a threshold of at least 13 percent permanent, partial disability.
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