§ 39-A §904 — Measure of damages in event of death

If, under either section 902 or 903, damages are awarded for the death, they must be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable.
The amount of damages that may be awarded in an action under section 901 for a personal injury to an employee, in which no damages for the death of the employee are awarded under section 902, may not exceed $4,000.
The amount of damages that may be awarded in an action under section 901, if damages for the death of the employee are awarded under section 902, may not exceed $5,000 for both the injury and the death, and must be apportioned by the jury between the legal representatives of the employee and the persons who would have been entitled, under section 903, to bring an action for the death of the employee if it had been instantaneous or without conscious suffering.
The amount of damages that may be awarded in an action brought under section 903 may not be less than $500 or more than $5,000.

Legislative History

PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).