SS/SCS/SB 572 - The act affirmatively states that occupational diseases are exclusively covered under workers' compensation laws.
This act states that co-employees shall be released from all liability for workplace injuries or death for which compensation is recoverable under the workers' compensation statutes. However, the employee shall not escape liability when the employee engages in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.
Civil actions involving injury or death filed by the employee shall not proceed until all administrative remedies are exhausted. Administrative actions brought under the workers' compensation statutes shall toll civil action statutes of limitation.
Toxic exposure is defined as an exposure to chemicals, dusts, particulates, fumes, mists, fibers, solvents, vapors, radiation, or other substances or other materials that, when ingested, consumed, inhaled, or absorbed are sufficient to cause disease, death, mutations, cancer, deformities, or reproductive abnormalities in humans. In cases where occupational disease is caused by toxic exposure, there shall be no subrogation rights for employers.
The death benefit for employees is raised from $5,000 to $10,000.
This act is similar to SB 8 (2011).