SLS 12RS-821 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 471
BY SENATOR MURRAY
WORKERS' COMPENSATION. To provide for civil liability of employers who remove
or fail to provide or install adequate safeguards or security measures designed for an
employee's protection. (8/1/12)
AN ACT1
To enact R.S. 23:1032(C)(3), relative to the exclusivity of remedies under the workers'2
compensation system; to provide for civil liability; to provide for employers who fail3
to provide certain employee protections; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1032(C)(3) is hereby enacted to read as follows: 6
ยง1032. Exclusiveness of rights and remedies; employer's liability to prosecution7
under other laws8
* * *9
C. The immunity from civil liability provided by this Section shall not10
extend to:11
* * *12
(3) Any employer, or any officer, director, stockholder, partner or13
principal who intentionally removes or fails to provide or install adequate14
safeguards, security equipment, or security measures designed for an15
employee's protection, where the employer knew or should have known of the16
danger to the employee and the security equipment and measures were designed17 SB NO. 471
SLS 12RS-821 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to prevent the injuries that occurred, thereby failing to provide a workplace free1
from serious recognized hazards.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Present law provides that the immunity from civil liability which is provided under the
workers' compensation provisions is not extended to certain persons.
Proposed law retains present law and provides that immunity from civil liability does not
extend to an employer who intentionally removes or fails to provide adequate safeguards and
security measures, thereby failing to provide a workplace free from serious recognized
hazards.
Effective August 1, 2012.
(Adds R.S. 23:1032(C)(3))