39-2-704. Liability of mining company for negligence of fellow servants. (1) A company, corporation, or individual operating any mine, smelter, or mill for the refining of ores is liable for damages sustained by any employee within this state, subject to the provisions of 27-1-702, when the damage is caused by the negligence of any superintendent, supervisor, shift boss, hoisting or other engineer, or crane operator.
(2) A contract of insurance, relief, benefit, or indemnity in case of injury or death or any other contract entered into before the injury between the person injured and any of the employers named in this section is not a bar or defense to any cause of action brought under the provisions of this section, except as otherwise provided in the Workers' Compensation Act.
(3) If the death of an employee results from any injury or damages sustained, the right of action survives and may be prosecuted and maintained by the deceased employee's heirs or personal representatives.