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SB 1188 - This act modifies various provisions relating to the liability of employers. Workers' Compensation - Failure of Employer to Comply with Law (Section 287.120) The act provides that where an injury or death of an employee is caused by the failure of the employer to comply with any safety standard issued by the employer or the Occupational Safety and Health Administration (OSHA), regulation, or statute in this state or any lawful order of the Division of Workers' Compensation (Division) or the Labor and Industrial Relations Commission (LIRC), the compensation and death benefit provided to such employee shall be increased at least 25% but not more than 50%. Application of Exclusive Remedy Provision - Death of Unborn Children (Section 287.120) The act further provides that the exclusive remedy provision of the workers' compensation laws shall not apply to any cause of action that may be brought on behalf of an unborn child or their representative in the case of an injury or death which caused the death of an unborn child. Burial Expenses for Employees Due to Death under Workers' Compensation (Section 287.240) The act increases from $5,000 to $15,000 the maximum compensation owed to persons furnishing burial expenses for deceased employees under workers' compensation laws. The act furthermore repeals a provision that requires burial expenses to be limited to those that are fair and reasonable for similar services to persons of a like standard of living. Liability of Public Entities (Section 537.610) The act increases the amount of liability insurance for tort claims that may be purchased by the Commissioner of Administration or the governing body of any political subdivision as follows: · From $2 million to $4 million arising out of a single occurrence; · From $300,000 to $500,000 for any one person in a single accident or occurrence. The act increases the liability of all public entities on claims that fall under the sovereign immunity exceptions as follows: · From $2 million to $4 million arising out of a single occurrence; · From $300,000 to $500,000 for any one person in a single accident or occurrence. Punitive Damages Against Public Entities (Section 537.610) Current law prohibits punitive damages against a public entity. This act allows punitive damages to be awarded if a plaintiff shows by clear and convincing evidence that the public entity violated a safety standard issued by the employer or the Occupational Safety and Health Administration (OSHA), regulation, or statute in this state or any lawful order of a court or other judicial body. This act is identical to HB 2831 (2022). SCOTT SVAGERA
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