Provides for admissibility of worker's compensation payments in a civil proceeding for damages for the same injury. (8/1/19)
The amendment proposed by SB 114 could significantly alter how civil liability cases involving injuries are adjudicated in Louisiana. By permitting juries to consider worker's compensation payments when deliberating on damages, the bill may lead to more informed verdicts regarding the actual economic losses incurred due to injuries. This might ultimately result in higher damage awards for claimants, as juries would have access to broader evidence about compensation already received.
Senate Bill 114, introduced by Senator Appel, amends the Code of Evidence regarding the admissibility of worker's compensation payments in civil proceedings for damages related to the same injury. The bill allows for evidence concerning the nature and extent of worker's compensation claims and payments to be presented to a jury, whereas current law restricts such evidence to be admissible only for the judge. This change aims to provide a more comprehensive understanding of the compensation context when determining civil damages.
The sentiment surrounding SB 114 seems cautiously supportive among those advocating for claimants' rights, viewing it as a logical step towards transparency in damage assessment. However, there are concerns from some legal experts and insurance representatives about the potential for increased liability on employers. The debate highlights a tension between protecting victims' rights to full compensation and managing the financial implications for businesses and insurance systems.
Notable points of contention regarding SB 114 focus on the implications it poses for civil liability and the potential for increased costs. Critics argue that allowing juries to see evidence of worker's compensation might bias their judgments, either inflating awards or complicating the relationship between civil claims and existing compensation systems. Proponents counter that it is necessary for juries to have a complete picture of damages, thus enabling fairer outcomes. The adjustments in evidentiary rules introduced by the bill embody a fundamental shift in the adjudication process for injury-related civil claims.