§ 45.2-554 — Workers' compensation; liability

Virginia § 45.2-554

• Jurisdiction: Virginia
• Title 45.2: Mines, Minerals, and Energy
• Subtitle II: Coal Mining
• Ch. 5: Coal Mine Safety Act
• Art. 5: Mine Rescue Teams
• Part A: Coal Mines Generally

Text

A. For the purpose of workers' compensation coverage, during any mine disaster to which a state-designated mine rescue team responds under the provisions of this article or during any training exercise for a state-designated mine rescue team, members of the state-designated team shall be deemed to be within the employment of the operator of the mine at which the disaster occurred or the training exercise is conducted. Additionally, for purposes of workers' compensation coverage, travel by members of a state-designated mine rescue team to and from the mine disaster or training exercise shall be deemed to be within the employment of the operator of the mine at which the disaster occurred or the training exercise is conducted.

B. No member of a state-designated mine rescue team engaging in rescue work at a mine shall be liable for civil damages for acts or omissions resulting from the rendering of such rescue work unless the act or omission was the result of gross negligence or willful misconduct.

C. No operator providing personnel to a state-designated mine rescue team to engage in rescue work at a mine not owned or operated by the operator shall be liable for any civil damages for acts or omissions resulting from the rendering of such rescue work.

Legislative History

1985, c. 496, § 45.1-33.5:4; 1994, c. 28, § 45.1-161.76; 2007, cc. 894, 914; 2021, Sp. Sess. I, c. 387.