House Bill 3248 History
H. B. 3248
(By Delegates DeLong, Mahan, Stephens, Wells, Caputo,
Manchin, Paxton, Longstreth, R. Thompson, Yost and Ellem)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-30, 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 §61-2-30, to read as
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-30. Interference with treatment of injured railroad
(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 ten thousand dollars for each
violation. A person who violates these provisions is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than ten thousand dollars or confined to a correctional facility
for no more than one year, or both fined and imprisoned.
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 to a
This section is new; therefore, strike-throughs and
underscoring have been omitted.