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.