SF 3469

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to occupational safety; permitting injured employees a civil remedy if
an employer violated safety laws; amending Minnesota Statutes 2006, section
176.031.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 176.031, is amended to read:

176.031 EMPLOYER'S LIABILITY EXCLUSIVE.

new text begin (a) Except as otherwise provided in this section, new text end the liability of an employer
prescribed by this chapter is exclusive and in the place of any other liability to such
employee, personal representative, surviving spouse, parent, any child, dependent, next of
kin, or other person entitled to recover damages on account of such injury or death. If
an employer other than the state or any municipal subdivision thereof fails to insure or
self-insure liability for compensation to injured employees and their dependents, an injured
employee, or legal representatives or, if death results from the injury, any dependent may
elect to claim compensation under this chapter or to maintain an action in the courts for
damages on account of such injury or death. In such action it is not necessary to plead or
prove freedom from contributory negligence. The defendant may not plead as a defense
that the injury was caused by the negligence of a fellow servant, that the employee assumed
the risk of employment, or that the injury was due to the contributory negligence of the
employee, unless it appears that such negligence was willful on the part of the employee.
The burden of proof to establish such willful negligence is upon the defendant. For the
purposes of this chapter the state and each municipal subdivision thereof is treated as a
self-insurer when not carrying insurance at the time of the injury or death of an employee.

new text begin (b) In addition to the liability prescribed by this chapter, a seriously injured employee
or legal representative, or, if death results from an injury, the employee's heirs or next of
kin, may bring a civil action for damages resulting from a serious injury or death if the
employer knowingly violated an occupational safety and health standard adopted under
chapter 182 and the violation was a substantial contributing cause of the serious injury or
death. It is negligence per se on the part of an employer if the plaintiff establishes by a
preponderance of the evidence that the employer knowingly violated the standard and the
violation was a substantial contributing cause of the serious injury or death. A recovery
under this paragraph must be reduced by any benefits paid or payable under this chapter.
For the purpose of this paragraph, "serious injury" means an injury that causes:
new text end

new text begin (1) more than $200,000 in medical expenses for its cure and relief; and
new text end

new text begin (2) at least 52 weeks of lost work time.
new text end