This bill amends sections 23-2-6 and 23-4-2 of the Code of West Virginia and repeals section 23-2-6a, clarifying the liability exemptions for employers who maintain mandatory workers' compensation insurance or are approved to self-insure. It specifies that employers are not liable for employee injuries or deaths if they comply with the insurance requirements and other provisions of the chapter. The bill establishes that the rights and remedies available to employees for injuries or deaths are exclusive, preventing them from pursuing additional legal actions against employers or their representatives. It also addresses cases of self-inflicted injuries or those caused by employee intoxication, stating that employees are not entitled to compensation in these situations, except when harm is deliberately caused by the employer.

Furthermore, the bill introduces new legal language that mandates courts to dismiss actions upon a motion for summary judgment or a directed verdict against the plaintiff if certain facts do not exist. It also removes several existing provisions related to severability, exclusive venue for causes of action, and the applicability of amendments to injuries occurring after a specified date. These deletions aim to streamline the legal framework surrounding workers' compensation claims, reinforcing the exclusive remedy rule and ensuring clarity in employer liability and employee rights within the workers' compensation system in West Virginia.

Statutes affected:
Introduced Version: 23-2-6, 23-4-2, 23-2-6a