§826 Limitation on Certain Liability for Rescue Operations

Summary

You cannot sue a covered individual or that person’s regular employer for property damage, injury, or death that happens while they are doing mine rescue or recovery work. You can sue if the harm was caused by gross negligence, reckless conduct, or illegal conduct, or if the regular employer is the operator of the mine where the rescue takes place. State workers’ compensation laws still apply and are not overridden. A covered individual is someone on a mine rescue team or a volunteer doing rescue or recovery work. A regular employer is the person’s legal or statutory employer under state law.