HB 2784
To reaffirm and enhance the workers compensation exclusive remedy rule or doctrine
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to strengthen West Virginia’s workers’ compensation exclusive remedy rule, also known as the ‘exclusive remedy doctrine.’ It clarifies certain aspects of this doctrine, including when an employer is exempt from liability, when employers lacking workers’ compensation coverage are liable, and when an employee’s injury is self-inflicted or caused by intoxication. Importantly, the bill establishes that an employee can recover damages if their injury resulted from their employer’s deliberate intention to cause harm.
Key provisions
- Clarifies an employer’s exemption from liability when maintaining mandatory workers’ compensation insurance.
- Specifies liability for employers who do not maintain mandatory workers’ compensation coverage.
- Addresses employer liability for injuries resulting from an employee’s self-inflicted actions or intoxication.
- Establishes that an employee may recover damages if the injury was caused by an employer’s deliberate intention.
- Reenacts and amends sections of the West Virginia Code related to workers’ compensation.
- Repeals a section addressing employer liability for officers and managers.
- Details requirements for blood tests to determine intoxication.
- Outlines the legislative intent behind the exclusive remedy rule.
Who is affected
- Employers
- Employees
- Insurance Companies
- Workers’ Compensation Boards
- Legal Professionals
Notable changes
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