The Supreme Court of Texas recently found that a premesis owner is immune from a negligence by a contract worker on its premesis, because of workers compensation. In TX a company that purchases worker’s compensation insurance is immune from tort suits by employees for negilgent acts. This immunity arose as a trade off between workers and employees. The worker got non-fault based benefits when injured and the employer got immunity from tort.
In Texas, the immunity does not extend to anyone other than the direct employer. But the Texas Supreme Court, in another act of Judicial Tort Reform, has changed the law. According to an article in the Houston Chronicle, a bipartisan group of legislators has asked for a rehearing on the case. The group, two democratic lawmakers and two republican lawmakers, claims the Supreme Court has violated the separation of powers clause of the state constitution, by legislating from the bench. The lawmakers say that the legislature has had the opportunity to debate whether premesis owners should receive the immunity and has repeatedly declined to extend that immunity.
The attack on the average guy in Texas continues.