MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Insurance

By: Representative Green (72nd)

AN ACT TO AMEND SECTION 71-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN INJURED EMPLOYEE MAY MAINTAIN AN ACTION AT LAW AGAINST HIS EMPLOYER FOR INJURIES THE EMPLOYEE INCURRED AS A RESULT OF ANY INTENTIONAL TORT OR GROSS NEGLIGENCE COMMITTED BY THE EMPLOYER; 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. (1) 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.

(2) Nothing in this chapter shall be construed to prohibit an injured employee from maintaining an action at law against his employer for injuries the employee incurred as a result of any

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.