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REFERENCE TITLE: workers' comp; personal injury damages |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SCR 1042 |
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Introduced by Senator McCune Davis
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A CONCURRENT RESOLUTION
Proposing an amendment to the Constitution of Arizona; amending article XVIII, section 8, Constitution of Arizona; relating to workers' compensation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article XVIII, section 8, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
8. Workers' compensation law; definition
Section 8. A. The legislature shall enact a workmen's workers' compensation law applicable to workmen workers engaged in manual or mechanical labor in all public employment whether of the state, or any political subdivision or municipality thereof as may be defined by law, and in such all private employments as the legislature may prescribe by which compensation shall be required to be paid to any such workman worker, in case of his the worker's injury and to his the worker's dependents, as defined by law, in case of his the worker's death, by his the worker's employer, if in the course of such employment personal injury to or death of any such workman worker from any accident arising out of and in the course of, such employment, is caused in whole, or in part, or is contributed to, by a necessary risk or danger of such employment, or a necessary risk or danger inherent in the nature thereof, or by failure of such employer, or any of his or its the employer's agents or employee or employees to exercise due care, or to comply with any law affecting such employment. ; provided that
B. It shall be optional with any employee engaged in any such private employment to settle for such compensation, or to retain the right to sue said the employer or any person employed by said the employer, acting in the scope of his the person's employment, as provided by this constitution. ; and, provided further, In order to assure and make certain a just and humane compensation law in the state of Arizona, for the relief and protection of such workmen, their workers or the workers' widows, children or dependents, as defined by law, from the burdensome, expensive and litigious remedies for injuries to or death of such workmen workers, now existing in the state of Arizona, and producing uncertain and unequal compensation therefor, such employee, engaged in such private employment, may exercise the option to settle for compensation by failing to reject the provisions of such workmen's workers' compensation law prior to the injury, except that if the injury is the result of an act done by the employer or a person employed by the employer knowingly and purposely with the direct object of injuring another, and the act indicates a wilful disregard of the life, limb or bodily safety of employees, then, in addition to receiving workers' compensation, such employee may, within two years after the injury, exercise the option to accept compensation or to retain the right to sue the person who injured him may sue such employer or person employed by the employer for personal injury damages. the insurance carrier or other person who is liable to pay the workers' compensation benefits shall have a lien on the total recovery, except for reasonable and necessary expenses and attorney fees, from the lawsuit to the extent that the workers' compensation and medical, surgical and hospital benefits are paid.
C. The percentages and amounts of compensation provided in house bill no. 227 enacted by the seventh legislature of the state of Arizona, shall never be reduced nor any industry included within the provision of said that house bill no. 227 eliminated except by initiated or referred measure as provided by this constitution.
D. For the purposes of this section, "with the direct object of injuring another" means that a worker's injury is deemed nonaccidental and outside the scope of this section if all of the following apply:
1. The employer commits an intentional act or omission that is without just cause or excuse and that could be reasonably foreseen to cause injury to the worker.
2. The employer should expect the act or omission to result in the injury to the worker or the employer commits the act or omission without regard for the possible consequences.
3. The act or omission is a proximate cause of the injury to the worker.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.