Senate Bill 2863

AN ACT TO AMEND SECTION 71-3-9, MISSISSIPPI CODE OF 1972, TO REVISE THE EXCLUSIVE REMEDY PROVISION UNDER THE WORKERS' COMPENSATION LAW TO EXEMPT GROSS NEGLIGENT CLAIMS WHERE THE INJURY WAS SUBSTANTIALLY CERTAIN TO OCCUR; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Wells Middleton Law."

SECTION 2. Section 71-3-9, Mississippi Code of 1972, is amended as follows:

71-3-9. (1) Except as provided under subsection (2) of this section, 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~~ as follows:

(a) 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 * * *.; or

(b) When an injured employee, or his legal representative in case death results from the injury, can demonstrate that the employee's injury or death on the job was caused by the employer's gross negligence where injury was substantially certain to occur.

(2) An employer shall not be liable under this chapter to a first responder, as defined in Section 25-15-403, if such first responder elects to receive benefits under the "Mississippi First Responders Health and Safety Act."

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.