Corporations That Injure Workers Must Be Held Accountable
House Passage of HB 2011 Risks the Lives and Safety of West Virginia Workers
February 10, 2015
Charleston, W.Va. – The West Virginia Association for Justice called the House passage of HB 2011 a mistake that risks the lives and safety of West Virginia workers. The legislation provides immunity to employers that endanger their workers because their worksites violate governmental and industry safety standards. The burden of proof is so high under the proposal, that it is easier to prove a murder case than a deliberate intent case like those addressed in the legislation. As written, there would be no liability even for catastrophic accidents like those at Sago, Aracoma and Upper Big Branch.
“In a state where thousands of workers have been killed and injured, it is outrageous that the House passed a bill that gives employers immunity when they know they are risking the lives of their workers,” said Anthony Majestro, president of the West Virginia Association for Justice.
"Now we know what was behind the millions of dollars corporate special interests funneled into this state to buy themselves our state legislature--a get out of jail free card and a bump in corporate profits when they don't have to compensate the West Virginians who've been hurt or the families of those they've killed."
"Our entire justice system is based on personal responsibility. If you murder someone with a gun, you get life in jail. If an employer knowingly violates established safety laws and 10 workers are killed, that person should be held accountable too, but under this the company and its leaders get off and the families are left with nothing. It's wrong. Our deliberate intent statute serves the twin goals of encouraging safe practices and corporate accountability. Under this bill, workers will be less safe and no company will held accountable."
Under current West Virginia law, all employers have a responsibility to ensure that their facilities and work sites meet written federal and state safety standards as well as written standards for that particular industry. A worker who is injured or killed on the job as the result of being exposed to known unsafe working conditions can file a deliberate intent/exposure claim. All state deliberate intent claims must meet a strict five-part test. If any one of these elements is found not to exist, there is no claim and the case fails.
“We believe that the voters elected this legislature to fight the so-called ‘War on Coal’ not wage a ‘War on Coal Miners’ and our other employees,” Majestro said. “This bill, and a number of other bills being considered, are examples of the legislature’s wrongheaded focus on enhancing corporate profits at the expense of safety and accountability. Given West Virginia's long history of on-the-job injuries, particularly in the coal mines, the availability of deliberate intent claims is a crucial tool to help keep our workplaces safe and hold companies accountable for unsafe practices when they intentionally fail to comply with established safety rules.”
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