THE SENATE

S.B. NO.

1415

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to workers' compensation.

 

 

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

 


SECTION 1. Section 386-5, Hawaii Revised Statutes, is amended to read as follows:

"386-5 Exclusiveness of right to compensation; exception. The rights and remedies herein granted to an employee or the employee's dependents on account of a work injury suffered by the employee shall exclude all other liability of the employer to the employee, the employee's legal representative, spouse, dependents, next of kin, or anyone else entitled to recover damages from the employer, at common law or otherwise, on account of the injury, except for sexual harassment or sexual assault and infliction of emotional distress or invasion of privacy related thereto, and COVID-19 contracted by an employee whose employer failed to maintain adequate workplace protections against exposure to the novel coronavirus, in which case a civil action may also be brought."

SECTION 2. Section 386-85, Hawaii Revised Statutes, is amended to read as follows:

"386-85 Presumptions. In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of substantial evidence to the contrary:

(1) That the claim is for a covered work injury;

(2) That sufficient notice of such injury has been given;

(3) That the injury was not caused by the intoxication of the injured employee; [and]

(4) That the injury was not caused by the wilful intention of the injured employee to injure oneself or another[.]; and

(5) That COVID-19 has been proximately caused by an employer's failure to maintain adequate workplace protections against exposure to the novel coronavirus."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________


 


 

Report Title:

Workers' Compensation; COVID-19

 

Description:

Creates an exception to the exclusive right to compensation under workers' compensation law where COVID-19 is contracted by an employee whose employer failed to maintain adequate workplace protections against exposure to the novel coronavirus. Creates a presumption that COVID-19 has been proximately caused by an employer's failure to maintain adequate workplace protections against exposure to the novel coronavirus.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.