MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Insurance

By: Representatives Green (72nd), Bozeman, Straughter

AN ACT TO AMEND SECTION 71-3-9, MISSISSIPPI CODE OF 1972, TO EXPAND THE EXCEPTION TO THE EXCLUSIVENESS OF LIABILITY UNDER THE WORKERS' COMPENSATION LAW TO INCLUDE THE EMPLOYER'S ACTUAL INTENT TO INJURE THE EMPLOYEE AND THE EMPLOYER'S KNOWINGLY PERMITTING CERTAIN HAZARDOUS CONDITIONS TO EXIST; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 71-3-9, Mississippi Code of 1972, is amended as follows:

71-3-9. The liability of an employer to pay compensation shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next-of-kin, and anyone otherwise entitled to recover damages at common law or otherwise from such employer on account of such injury or death, except that if an employer fails to secure payment of compensation as required by this chapter, an injured employee, or his legal representative in case death results from the injury, may elect to claim compensation under this chapter, or to maintain an action at law for damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, nor that the employee assumed the risk of his employment, nor that the injury was due to the contributory negligence of the employee.

Nothing in this chapter shall be construed to prevent an injured employee from maintaining an action at law for damages when:

(a) The injury or death was caused by the willful act of another employee acting in the course of employment and in furtherance of the employer's business and the injury is not compensable under this chapter;

(b) The injury or death was caused by acts that consist of the employer's willfully and knowingly permitting hazardous conditions to exist that are substantially certain, although perhaps not specifically intended, to result in the injury or death of the employee; or

(c) The injury or death was caused by willful and malicious acts of the employer with actual intent to injure the employee. The term "actual intent" means that the actor desires to cause the consequences of his acts.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.