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The impact of Entergy upon Texas workers’ rights
Whether you’re a Texas longshoreman or an offshore worker near the Lone Star State, you should be aware that there are efforts to right the infringement perpetrated by the State Supreme Court upon your ability to receive justice for a work place injury. When the justices voted 6-3 in the Entergy case to prevent injured sub-contracted workers from collecting damages if they are covered under worker's compensation insurance, it was only one battle in the ongoing war for justice.
First, it is useful to give some background on Entergy and the forces for and against it.
On August 31, 2007, the Texas Supreme Court voted 6-3 in favor of protecting business and industry from employee injury lawsuits if the employee worked for a contractor on the premises. In Entergy Gulf States Inc. v. Summers, mechanic John Summers, working for contractor International Maintenance Corp. (IMC), sued Entergy Gulf States Inc. for injuries he suffered while conducting repairs at the Entergy plant in Bridge City, Texas in 2001.
IMC’s workers were covered under Entergy’s basic worker’s compensation insurance. Summers sought further compensation and sued Entergy for negligence. The trial court sided with Entergy in its ruling that if a general contractor provides worker’s comp to a sub-contractor, the sub-contracting employee cannot sue.
Next, a state appeals court overturned that decision. Then in 2007, high court sided with the original ruling.
State lawmakers have been convening to reverse Entergy under the principle that the compensation law was never meant to be applied on contractors. Leading this cause is Texas Watch, a consumer rights’ organization. Leading the efforts to preserve Entergy and shield corporations such as BP from adequately compensating injured contractors is the group Texans for Lawsuit Reform.
Who is Texans for Lawsuit Reform? Quite simply, they represent “The Man.” They are no friend of workers. They believe that any lawsuit against a corporation is a frivolous lawsuit, even if it’s against a corporation like BP with a track record of reckless safety procedures. Reckless practices that caused the 2005 Texas City refinery explosion. Reckless practices behind the April 20, 2010 Deepwater Horizon disaster.
Meanwhile, Texas Watch is doing everything it can to stand up for the plant foreman and tug deckhand by aggressively coordinating a coalition of labor, consumer and environmental groups in an effort to get lawmakers to act against this injustice. Late last month, two Texas legislative committees heard testimony from Texas Watch advocates about what can be done to reverse the trend of corporation immunity in the state.
Entergy is not the only important workers’ rights bill to be aware of. In the U.S. Senate, S. 3600, The Fairness in Admiralty and Maritime Law Act, is sponsored by Jay Rockefeller (D-WV). It would amend the Death on the High Seas Act (1920) to allow families to be compensated for non-pecuniary (grieving, loss of companionship) damages for a loved one lost on international waters. It would also amend the Limitation of Liability Act of 1851 (LOLA) to exempt claims for personal injury, wages and death by a vessel owner and allow for fishing vessel claims. This is a modification of the original bill introduced on July 15 which would have repealed LOLA altogether.
Contact your representatives and tell them you support overturning Entergy and the passage of S. 3600.
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