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Introduced Version House Bill 2484 History

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H. B. 2484

 

         (By Delegates Caputo, Fragale, Ellem, Azinger,

                       Longstreth and Manchin)


         [Introduced January 14, 2011; referred to the

         Committee on the Judiciary.]

 

 

A BILL to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to railroad employees; and establishing criminal penalties for interfering with medical treatment of a railroad employee injured during the course of employment.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-2-31, to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-31. Interference with treatment of injured railroad employee.

    (a) It is unlawful for a railroad company or person employed by a railroad company to:

    (1) Deny, delay or interfere with medical treatment or first aid treatment to an employee of a railroad company who has been injured during employment; or

    (2) Discipline or threaten discipline to an employee of a railroad company who has been injured during employment for requesting medical treatment or first aid treatment for the injury.

    (b) A railroad company who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 for each violation. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 or confined in jail for no more than one year, or both fined and confined.



    NOTE: The purpose of this bill is to create criminal penalties for a railroad company or employee who denies, delays or interferes with medical treatment or first aid to a railroad employee injured on the job, or who threatens discipline to an injured employee who requests medical treatment or first aid for a job injury.


     This section is new; therefore, it has been completely underscored.

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