Sec. 3. Forfeited charters. [Executed.]
This section was executed and is now obsolete due to lapse of time.
Sec. 4. Damages for personal injuries or death; worker’s compensation.
(a) No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person.
(b) Any section of this constitution to the contrary notwithstanding, for any civil action where a person alleges that a health care provider’s act or omission in the provision of health care resulted in death or injury, the legislature may by general law:
- (i) Mandate alternative dispute resolution or review by a medical review panel before the filing of a civil action against the health care provider.
(c) Any contract or agreement with any employee waiving any right to recover damages for causing the death or injury of any employee shall be void. As to all extrahazardous employments the legislature shall provide by law for the accumulation and maintenance of a fund or funds out of which shall be paid compensation as may be fixed by law according to proper classifications to each person injured in such employment or to the dependent families of such as die as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. The fund or funds shall be accumulated, paid into the state treasury and maintained in such manner as may be provided by law. Monies in the fund shall be expended only for compensation authorized by this section, for administration and management of the Worker’s Compensation Act, debt service related to the fund and for workplace safety programs conducted by the state as authorized by law. The right of each employee to compensation from the fund shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to the fund in favor of any person or persons by reason of the injuries or death. Subject to conditions specified by law, the legislature may allow employments not designated extrahazardous to be covered by the state fund at the option of the employer. To the extent an employer elects to be covered by the state fund and contributes to the fund as required by law, the employer shall enjoy the same immunity as provided for extrahazardous employments.
This section was amended by a resolution adopted by the 1986 special session legislature, ratified by a vote of the people at the general election held on November 4, 1986, and proclaimed in effect on November 18, 1986.
This section was again amended by a resolution adopted by the 1998 legislature, ratified by a vote of the people at the general election held on November 3, 1998, and proclaimed in effect on November 10, 1998.
This section was again amended by a resolution adopted by the 2004 legislature, ratified by a vote of the people at the general election held on November 2, 2004, and proclaimed in effect on November 10, 2004.
