Sec. 1. 39-A MRSA §104, as amended by PL 1995, c. 297, §1, is further amended by adding at the end a new paragraph to read:

This section does not bar a separate tort action against the employer for injury or death caused by the employer's intentional acts that are punishable under Title 17-A, chapter 9 or Title 17- A, section 253.

SUMMARY

This bill authorizes a civil suit against an employer outside of the Workers' Compensation Act of 1992 in limited circumstances. The Workers' Compensation Act of 1992 includes an "exclusivity clause" that provides that the Act is the exclusive remedy for almost all workplace injuries and deaths. This bill adds an exception to the exclusivity clause. If the employer engages in an intentional act that is punishable under the Maine Revised Statutes, Title 17-A, chapter 9, dealing with offenses against the person, or Title 17-A, section 253, dealing with gross sexual assault and the intentional act causes an injury or death, the Workers' Compensation Act is not the exclusive remedy, and a separate suit for damages against the employer is not prohibited.