PRINTER'S NO. 696
No. 640 Session of 2001
INTRODUCED BY BELFANTI, WALKO, THOMAS, CAPPABIANCA, ROBINSON,
BELARDI, SOLOBAY, JOSEPHS, SCRIMENTI, FREEMAN, STABACK,
SURRA, TRELLO, WASHINGTON, CALTAGIRONE, HORSEY, DeLUCA,
KIRKLAND, SHANER, CORRIGAN, M. COHEN, LAUGHLIN, RUFFING,
CAWLEY, CURRY, MUNDY, YOUNGBLOOD, MANN, SAINATO, MICHLOVIC,
LEDERER, STURLA, TANGRETTI, STEELMAN, GRUCELA, GEORGE, CRUZ
AND JAMES, FEBRUARY 12, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, imposing liability for
3 unsafe practices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8340.1. Liability for unsafe practices.
9 (a) Cause of action.--An employee shall have a cause of
10 action against an employer for damages for injuries which result
11 from the employer's reckless, willful or wanton disregard for
12 the safety of the employee or which result from intentional
13 misconduct. This cause of action shall exist without regard to
14 the limitations, defenses and immunities of the act of June 2,
15 1915 (P.L.736, No.338), known as the Workers' Compensation Act.
16 (b) Assumption of risk not a defense.--In any action brought
1 under this section, an employer may not raise a defense that the
2 employee assumed the risk of injury.
3 (c) Relationship to workers' compensation.--
4 (1) Filing of a claim under this section shall not
5 affect an employee's eligibility for benefits under the
6 Workers' Compensation Act.
7 (2) Compensatory damages received under this section
8 shall be reduced by the amount of any workers' compensation
9 benefits received.
10 (3) An employer found liable under this section shall
11 have no right of subrogation for benefits paid under the
12 Workers' Compensation Act.
13 Section 2. This act shall take effect in 60 days.
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