Workers’ comp change proposed for willful negligence

Employees injured at work would be able to sue for damages under a bill heard by the Business and Labor Committee Feb. 23.

LB556, introduced by Omaha Sen. Rick Kolowski, would allow an employee filing a petition under the Nebraska Workers’ Compensation Act to bring a lawsuit against their employer for damages if the injury is ruled to have been caused by the employer’s willful negligence.

Darcy Tromanhauser, representing Nebraska Appleseed, testified in favor of the bill. She said that employees should be protected from employers who knowingly put people’s safety at risk.

“[LB556] would provide additional support to workers that have suffered injuries due to willfully negligent and recklessly indifferent actions of their employers,” she said. “It could serve as a further deterrent for those who would continue to operate under unsafe conditions.”

Also speaking in favor of the bill was Julie Baszler of Scottsbluff. Baszler’s daughter, Amanda Baker, was strangled to death last year by an inmate while working as a corrections officer at the Scotts Bluff County Detention Center.

Baszler said that Amanda’s employer made significant cuts to staffing and security measures, knowing staff might not be protected if something were to happen.

“Her employer has not been brought to justice for its shameful indifference to the safety of its employees,” she said. “Some employers will not protect their trusting and loyal employees as long as the workers’ comp system provides for no accountability.”

Richard Reiser, representing the Nebraska Trucking Association, opposed the bill, saying that employers gave up certain defenses in court when the Workers’ Compensation Act was first implemented.

“If a plaintiff doesn’t get a willful negligence decision, they can still get worker’s comp benefits. There is no loss to the plaintiff for trying,” he said. “A bargain was made that certain defenses were given up for absolute coverage and that bargain should be honored.”

The committee took no immediate action on the bill.