Vujasinovic & Beckcom Blog

Texas Supreme Court to review earlier ruling on injured contract workers’ ability to sue

In a move that underscores the influence of large corporations and powerful insurance companies, the Texas Supreme Court last year ruled that an Entergy contract worker could not sue Entergy because he were already covered by a workplace compensation policy.  Had this ruling been in place at the time of the horrific BP plant explosion in 2005, the workers injured and the families of those killed would not have been able to sue BP.

Critics claim that this business-friendly ruling – unanimously made by an all-Republican Texas Supreme Court – gives refineries and other industrial plants a way to sidestep liability claims from contract workers injured on the job.  The rarity with which the Supreme Court reviews its decisions is proof that the court has heard the criticism of this stunning ruling loud and clear.

Not only have families of the BP victims spoken out against the ruling, but plaintiffs' lawyers, labor unions, lobbyists and even some legislators – including one Republican legislator – rose up to protest what is being seen as an outrageously biased ruling.  It remains to be seen if the Supreme Court will correct the mistake it made in last year’s ruling, or if they are merely allowing dissenters to air their grievances before they simply reaffirm their original ruling.

Let us know what you think of the Texas Supreme Court’s ruling that effectively expands refinery and plant owner’s ability to shield themselves from workplace injury claims.  Do you think they’ll reverse their ruling, or “stay the course”?