Mining industry wants immunty on workplace deaths

SHERIDAN -- Mining leaders have indicated they will again ask legislators to extend liability immunity to managers and supervisors in regard to workplace deaths and injuries.

The "co-employee immunity" bill failed during the past legislative session, and now upper management throughout Wyoming's business industries remain at risk of being sued for "willful and wanton" negligence.

"There are six cases pending in the state, right now, and I predict there will be more and more," said Joe Tieg, a Holland and Hart attorney who defends companies in personal injury cases. He made the comments at the Wyoming Mining Association's 52nd annual convention this week.

Companies that pay into Wyoming's Workers' Compensation program are granted immunity from liability for workplace deaths and injuries. But the program doesn't come close to providing compensation that injured workers need, Tieg said. He recalled a worker who received only $16,000 for losing a leg, and said the widow of a killed employee can expect only about $100,000.

The shortfalls of the program have compelled injured workers to seek compensation elsewhere. Tieg said Wyoming law once extended immunity to managers and supervisors, but several Supreme Court cases have complicated the state law.

"Anticipate litigation because it's open right now. The door is wide open," said Tieg.

He said one way managers can avoid exposure to liability is to involve three or more managers in decisions regarding safety issues.

"There's safety in numbers," Tieg said.

Energy reporter Dustin Bleizeffer can be reached at (307) 577-6069 or [email protected].