Environmental & Healthcare Legislative Watch50 States · D.C. · U.S. Congress
From official state and federal legislative records. Informational only, not legal advice.
Now law
This is now an official law, recorded in the state's law books.
The governor signed it. Nothing left to watch.
In plain words
AI summaryWritten by AI from the bill text. Check the official text before relying on it.
Fiscal Summary NOT SIGNIFICANT Bill Summary Present law provides that the rights and remedies granted to an employee subject to the Workers' Compensation Law, on account of personal injury or death by an accident, are the exclusive rights and remedies of the employee, the employee's representative, dependents or next of kin, for the injury or death. This bill clarifies that the exclusiveness of the rights and remedies granted to an employee, the employee's representative, dependents or next of kin under such law do not apply in any civil action for damages arising out of the death of an employee where the death is alleged to have been caused by the gross negligence or criminal conduct of the employer, a principal, or intermediate contractor, or any officer, director, managing agent, or supervisory employee of such person or entity. As used in this bill, "criminal conduct" means conduct that constitutes a felony or Class A or Class B misdemeanor under the laws of this state or the United States and that is a cause in fact and a legal cause of the employee's death. In an action brought pursuant to the paragraph above, this bill authorizes an employee's personal representative, dependents, or next of kin to pursue all remedies and damages available in a wrongful death action in addition to any benefits payable under the Workers' Compensation Law. However, any workers' compensation benefits paid or payable on account of the employee's death must be credited or set off against any recovery in such an action to the extent required by law. This bill does not limit or abrogate any existing exception to the exclusive remedy provisions of the Workers' Compensation Law, including any judicially recognized cause of action for intentional injury by an employer or co-employee. CONTESTING EXTENT OF WORK INJURY Present law authorizes an i
