Bill would eliminate deliberate intent exemption to exclusive remedy

Workers compensation would be the exclusive remedy even when an employer deliberately intends to cause a workplace injury or death, under a bill before West Virginia lawmakers.

H.B. 4394, sent to the House Judiciary Committee on Wednesday, would eliminate laws allowing injured workers to bring tort actions against employers that act with deliberate intention.

State law identifies several ways a worker could prove the employer intended to cause an accident, including showing actual and specific intent to produce the injury or death or that the employer failed to fix a known unsafe working condition in violation of state or federal workplace safety regulations.

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