An Act to Amend the Maine Workers' Compensation Act of 1992 Regarding Employee Liability
Impact
The enactment of this bill will modify the existing landscape of workers' compensation law in Maine. Employers will still be exempt from civil lawsuits related to workplace injuries if they comply with compensation payment regulations; however, this exemption will not extend to employees who act with gross negligence or criminal intent. This shift indicates a potential increase in accountability for employee actions that lead to workplace harm, which could consequently alter employer-employee dynamics and the operational practices of businesses utilizing temporary service agencies.
Summary
LD1385 is an act to amend the Maine Workers' Compensation Act of 1992, specifically focusing on employee liability. The main provisions of the bill state that if an employee causes injury or death to another employee intentionally, with gross negligence, or while committing a criminal act, they are not exempt from civil actions under the law. This amendment clarifies that such offending employees can be held liable in civil court, allowing injured parties to seek recovery beyond what is provided through the workers' compensation system.
Sentiment
The sentiment around LD1385 has been a mix between support for heightened accountability and concerns regarding its implications for employee relations. Proponents argue that it enhances protections for workers who suffer due to the reckless actions of their colleagues and ensures that justice can be pursued outside of the more restrictive workers' compensation framework. Opponents may worry that it opens the door to increased litigation, which could lead to a less cooperative work environment and discourage employees from taking on necessary risks in the workplace.
Contention
Key points of contention include debates over the definition of gross negligence, and how it may be interpreted in court. Additionally, concerns regarding the fairness of allowing civil actions against employees could create a chilling effect on teamwork and support among workers. The bill challenges traditional protections inherent in workers' compensation systems, asserting a potential paradigm shift towards personal accountability in workplace-related incidents.
Relating to workers' compensation; to amend Section 25-5-11, Code of Alabama 1975, to further provide for the employer's right of subrogation against uninsured and underinsured motorist insurance; and to specify that in a settlement of claims against a third party, the employer's share of the employee's attorney fees does not include costs or expenses.
Amends 4 sections relating to the workers' compensation benefits dealing with increasing the amount of dependent benefits payable to a totally disabled employee comprising this year's annual omnibus bill.
Amends 4 sections relating to the workers' compensation benefits dealing with increasing the amount of dependent benefits payable to a totally disabled employee comprising this year's annual omnibus bill.