Texas Senate Bill SB394

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/15/09
• Voted on by Senate: 4/20/09
• Out of House Committee: 5/13/09

Caption

Relating to the appointment of an attorney for a workers' compensation claimant in certain proceedings initiated by a workers' compensation insurance carrier.

Impact

The implementation of SB394 is expected to have a significant impact on state laws governing workers' compensation. By facilitating the appointment of attorneys at the request of claimants, the bill addresses concerns of inequity where individuals may face disadvantages when contesting decisions made by insurance carriers. The financial implications include the insurance carrier being liable for covering reasonable attorney fees when claimants prevail in cases, promoting a more balanced representation of interests. This could lead to an increase in successful claims and potentially alter the dynamics between claimants and insurance providers.

Summary

SB394 pertains to the appointment of attorneys for claimants in workers' compensation proceedings initiated by insurance carriers. The bill introduces a provision whereby the court is mandated to appoint an attorney for a claimant upon request, specifically during trials initiated under Subchapter G, Chapter 410 of the Labor Code. This aims to ensure that claimants have access to legal representation, especially in situations where an insurance carrier is involved. Such a measure seeks to enhance the fairness of legal proceedings in workers' compensation cases by providing necessary assistance to those who may otherwise struggle to secure their interests.

Contention

While supporters argue that this bill will strengthen the rights of workers and ensure they have competent representation when facing insurance carriers, critics may raise concerns regarding the financial burdens this could impose on insurance providers. The requirement for the court to appoint attorneys could lead to questions about the overall costs associated with workers' compensation litigation and how this might affect premiums. Further debates may arise around the extent to which this measure may lead to an influx of litigation, as more claimants might feel empowered to seek legal assistance under the new provisions.