SB 147: "An Act clarifying when a project owner or general contractor is considered an employer for purposes of workers' compensation exclusive liability."
00 SENATE BILL NO. 147 01 "An Act clarifying when a project owner or general contractor is considered an 02 employer for purposes of workers' compensation exclusive liability." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.30.055 is amended to read: 05 Sec. 23.30.055. Exclusiveness of liability. The liability of an employer 06 prescribed in AS 23.30.045 is exclusive and in place of all other liability of the 07 employer and any fellow employee to the employee, the employee's legal 08 representative, husband or wife, parents, dependents, next of kin, and anyone 09 otherwise entitled to recover damages from the employer or fellow employee at law or 10 in admiralty on account of the injury or death. The liability of the employer is 11 exclusive even if the employee's claim is barred under AS 23.30.022. However, if an 12 employer fails to secure payment of compensation as required by this chapter, an 13 injured employee or the employee's legal representative in case death results from the 14 injury may elect to claim compensation under this chapter, or to maintain an action
01 against the employer at law or in admiralty for damages on account of the injury or 02 death. In that action, the defendant may not plead as a defense that the injury was 03 caused by the negligence of a fellow servant, or that the employee assumed the risk of 04 the employment, or that the injury was due to the contributory negligence of the 05 employee. In this section, "employer" includes, in addition to the meaning given in 06 AS 23.30.395, a person who, under AS 23.30.045(a), is liable for [OR 07 POTENTIALLY LIABLE FOR] securing payment of compensation.