CHARLESTON – The House of Delegates has passed a bill that would limit non-economic damages to injured workers in cases where the worker can prove deliberate intent by employers.
House Bill 3270 was passed February 28 by a 52-45 vote following much debate on the floor about the bill, particularly the value of a life in such situations. After House passage, the bill was sent to the state Senate and its Judiciary Committee.
After House amendments, the bill would limit non-economic damages to either twice the economic damages in the case or to $500,000 per person, whichever is higher. Under the proposal, lung damage claims also would have a higher burden of proof.
Fluharty
If an injured worker can prove in a civil lawsuit the employer acted with deliberate intent, such as not utilizing all safety measures, the worker can seek damages beyond workers’ compensation limits.
Business leaders, especially those in the timber industry, have argued current state laws have forced insurance rates to increase dramatically.
“The version of HB 3270 passed by the West Virginia House of Delegates was a compromise bill,” J.R. Carter, a member of the West Virginia Association for Justice’s executive committee, told The West Virginia Record. “It is a vast improvement over the original bill that sought to impose draconian limits on the rights of seriously injured workers to recover from injuries caused by the deliberate actions of their employers.
We believe that it protects the rights of working West Virginians and provides an avenue for just compensation when they are injured and can prove the strict elements of a deliberate intent action.
“Given how close the vote was on the floor, it’s clear that our House members support the rights of the working men and women of this state. They will not stand for employers knowing and intentionally risking the lives and safety of their employees and then seeking to avoid the financial responsibility for their actions.”
During the February 28 House debate on the bill, delegates spoke impassionedly about the legislation.
* “We’re saying $500,000 for that life,” Delegate Shawn Fluharty (D-Ohio) said. “The hypocrisy in this place is at an all-time high. For the past decade, I’ve heard Republicans say there’s a war on coal. Couldn’t see a campaign flyer go out without saying that. And today, Republicans are saying miner’s life — $500,000.
“I don’t want to see a tweet. I don’t want to see a campaign mailer. I don’t want to hear it uttered in the hallways of this Capitol how much you love coal miners. It’s not just for them either. Loggers. The most dangerous jobs. $500,000.
“Even the Coal Association … didn’t come down here and lobby for this bill.
“We’re going to allow the bad actors who intentionally let this happen because they didn’t follow the rules. Not going to do it. Not on my watch.”
* “I think I was voted in not to come up here and put a cap on someone’s life,” Delegate David Adkins (R-Lincoln) said.
* “It’s about dismemberment, losing an arm or leg,” Delegate Sean Hornbuckle (D-Cabell) said. “I refuse to come down here and do this. … We are charged with passing good legislation, and this just ain’t it.”
