HB 398 (BR 1688) - J. Gray
AN ACT relating to workers' causes of action.
Amend KRS 342.610 to permit a civil action in tort by an employee, or the employee's estate, when injury or death occurs because of an employer's gross negligence, recklessness, or violation of safety standards; provide that exclusive remedy does not bar such civil action.
HB 398 - AMENDMENTS
HFA (1, B. Farmer) - Amend to delete the no-fault provision and make employer liable if gross negligence is proven.
HFA (2, B. Farmer) - Amend to restore deliberate intention of employer who has engaged in gross negligence, recklessness, or who has violated a safety standard, as justification for a civil action by the employee.
HFA (3, J. DeCesare) - Amend to permit civil actions against employer, employee, agent, or other individual who knew or should have known of gross negligence, recklessness, or safety violation; preclude civil action from inclusion of joint and several liability in any tort action.
HFA (4, D. Keene) - Amend to provide that there shall be no liability for compensation if voluntary intoxication, including prescribed pharmaceuticals, caused, in part, an employee's injury or death.
Feb 9-introduced in House
Feb 12-to Labor & Industry (H)
Feb 15-posted in committee
Feb 22-reported favorably, 1st reading, to Calendar
Feb 23-2nd reading, to Rules
Feb 26-floor amendments (1) (2) and (3) filed
Feb 27-floor amendment (4) filed
Feb 28-recommitted to Labor & Industry (H); posting waived