§55-19-1. Short Title

This article shall be known and may be cited as the COVID-19 Jobs Protection Act.

§55-19-2. Findings and Purpose

(a) The West Virginia Legislature finds that: (1) The novel coronavirus, also known as COVID-19, has been deemed a pandemic and the President of the United States has declared a national emergency.

§55-19-3. Definitions

For the purposes of this article: (1) “Arising from COVID-19” means any act from which loss, damage, physical injury, or death is caused by a natural, direct, and uninterrupted consequence of the actual, alleged, or possible exposure to, or contraction of, COVID-19, including services, treatment, or other actions in response to COVID-19, and without which […]

§55-19-4. Claims Arising From the Covid-19 Pandemic

Notwithstanding any law to the contrary, except as provided by this article, there is no claim against any person, essential business, business, entity, health care facility, health care provider, first responder, or volunteer for loss, damage, physical injury, or death arising from COVID-19, from COVID-19 care, or from impacted care.

§55-19-5. Products Made, Sold, and Donated in Response to Covid-19

(a) Any person that designs, manufactures, labels, sells, distributes, or donates a qualified product in response to COVID-19 that is utilized by any person, essential business, government entity, business entity, health care facility, health care provider, first responder, or volunteer shall not be liable in a civil action alleging personal injury, death, or property damage […]

§55-19-6. Workers Compensation

Notwithstanding the provisions of this article and the further provisions of 23-4-2 of this code which permits the filing of a civil cause of action against an employer for damages in excess of benefits received or receivable in a workers compensation claim, if it is determined that the employer acted with deliberate intention, when a […]

§55-19-7. Exception

Excluding the provisions of 55-19-5 and 55-19-6 of this code, the limitations on liability provided in this article shall not apply to any person, or employee or agent thereof, who engaged in intentional conduct with actual malice.

§55-19-8. Severability

If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act, and to this end the provisions of this act are declared to be severable.

§55-19-9. Application

(a) This article shall be effective retroactively from January 1, 2020, and applies to any cause of action accruing on or after that date. (b) Nothing in this article shall be construed to create a new cause of action or expand any liability otherwise imposed, limit any defense, or affect the applicability of any law […]