Open Access. Powered by Scholars. Published by Universities.®
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Legal Ethics and Professional Responsibility
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
St. Mary's Law Journal
The current workers’ compensation system shields negligent employers from liability and fails to encourage compliance with safety standards. A practical solution is to broaden the judicial definition of intentional conduct and reinstate a common-law negligence action in workers’ compensation statutes. The Texas Workers’ Compensation Act awards compensation to employees for accidental injuries sustained in the course of employment. The Act bars an employee who accepts these benefits from bringing a common-law suit for damages against the employer. The exclusive nature of the workers’ compensation remedy thus leaves employers immune from common-law negligence actions by employees who accept the plan. An …