Texas House Bill HB34

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

Relating to the enforceability of certain contracts between an employer who does not have workers' compensation coverage and an employee of the employer.

Impact

The implications of HB 34 are significant for labor laws in Texas, particularly concerning employee rights and employer accountability. By making certain contracts unenforceable, the bill aims to protect employees from potentially predatory contractual practices by employers who do not have workers' compensation insurance. This move could lead to greater accountability among employers and ensure they maintain appropriate insurance coverage, thus providing a safety net for employees who might otherwise face difficulties in seeking recourse for workplace injuries.

Summary

House Bill 34 addresses the enforceability of contracts between employers who do not carry workers' compensation coverage and their employees. The bill establishes that any such contract is considered unconscionable and unenforceable if it affects the procedural or substantive rights of employees seeking to recover damages for personal injury or death that occur in the course of their employment. This means that employees would be better protected in situations where their employer lacks the requisite insurance coverage.

Conclusion

Ultimately, HB 34 seeks to strengthen labor laws in Texas by clarifying the enforceability of contracts in relation to workers' compensation coverage. By focusing on the rights of employees within the workplace, the bill underscores a commitment to creating a fairer and safer work environment. However, a balance must be sought between enforcing these protections and supporting the economic realities faced by employers, particularly small businesses.

Contention

While the bill primarily seeks to enhance employee protections, there could be opposing views regarding its impact on employers. Critics might argue that the bill places an additional burden on small businesses that may struggle to afford workers' compensation insurance. This could lead to fears of increased operational costs and the possibility of reduced hiring or business closures among non-compliant employers. Proponents of the bill, however, contend that the protection of employee rights should take precedence, especially given the moral imperative of ensuring workplace safety.