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A bill that would permit injured workers and/or surviving family members to sue an employer following a workplace incident that is found to be the result of gross negligence or a crime is set to be considered by the Maine Senate on Tuesday.
L.D. 1385 would amend existing workers compensation law to provide “that an employee who intentionally or with gross negligence or while committing a criminal act causes another employee’s injury or death is not exempt from civil actions.”
The proposal states that if the injured employee or the employee’s beneficiary recovers damages any workers compensation benefits must be repaid to the employer, less the employer’s “proportionate share of cost of collection, including reasonable attorney’s fees.”