{"id":16500,"date":"2015-02-24T11:46:31","date_gmt":"2015-02-24T17:46:31","guid":{"rendered":"http:\/\/update.legislature.ne.gov\/?p=16500"},"modified":"2015-02-24T11:46:31","modified_gmt":"2015-02-24T17:46:31","slug":"workers-comp-change-proposed-for-willful-negligence","status":"publish","type":"post","link":"https:\/\/update.legislature.ne.gov\/?p=16500","title":{"rendered":"Workers\u2019 comp change proposed for willful negligence"},"content":{"rendered":"<p>Employees injured at work would be able to sue for damages under a bill heard by the Business and Labor Committee Feb. 23.<\/p>\n<p>LB556, introduced by Omaha Sen. Rick Kolowski, would allow an employee filing a petition under the Nebraska Workers\u2019 Compensation Act to bring a lawsuit against their employer for damages if the injury is ruled to have been caused by the employer\u2019s willful negligence.<\/p>\n<p>Darcy Tromanhauser, representing Nebraska Appleseed, testified in favor of the bill. She said that employees should be protected from employers who knowingly put people\u2019s safety at risk.<\/p>\n<p>\u201c[LB556] would provide additional support to workers that have suffered injuries due to willfully negligent and recklessly indifferent actions of their employers,\u201d she said. \u201cIt could serve as a further deterrent for those who would continue to operate under unsafe conditions.\u201d<\/p>\n<p>Also speaking in favor of the bill was Julie Baszler of Scottsbluff. Baszler\u2019s 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. <\/p>\n<p>Baszler said that Amanda\u2019s employer made significant cuts to staffing and security measures, knowing staff might not be protected if something were to happen.<\/p>\n<p>\u201cHer employer has not been brought to justice for its shameful indifference to the safety of its employees,\u201d she said. \u201cSome employers will not protect their trusting and loyal employees as long as the workers\u2019 comp system provides for no accountability.\u201d<\/p>\n<p>Richard Reiser, representing the Nebraska Trucking Association, opposed the bill, saying that employers gave up certain defenses in court when the Workers\u2019 Compensation Act was first implemented.<\/p>\n<p>\u201cIf a plaintiff doesn\u2019t get a willful negligence decision, they can still get worker\u2019s comp benefits. There is no loss to the plaintiff for trying,\u201d he said. \u201cA bargain was made that certain defenses were given up for absolute coverage and that bargain should be honored.\u201d<\/p>\n<p>The committee took no immediate action on the bill.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Employees injured at work would be able to sue for damages under a bill heard by the Business and Labor<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[7],"tags":[68],"class_list":["post-16500","post","type-post","status-publish","format-standard","hentry","category-business-and-labor","tag-sen-rick-kolowski"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/16500","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16500"}],"version-history":[{"count":1,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/16500\/revisions"}],"predecessor-version":[{"id":16501,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/16500\/revisions\/16501"}],"wp:attachment":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16500"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16500"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16500"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}