Texas House Bill HB3362

Texas 2011 - 82nd Regular

• Out of House Committee: 5/4/11

Caption

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

Impact

The amendments proposed in HB 3362 enhance the rights of claimants seeking compensation from insurance carriers. By instituting a requirement for the appointment of an attorney upon request, the bill aims to level the playing field for claimants who may be at a disadvantage due to the complexities of legal proceedings against insurance companies. Additionally, the subsequent injury fund is held liable for covering reasonable attorney fees for claimants in successful cases, which could alleviate the financial burden on injured workers seeking representation.

Summary

House Bill 3362 is focused on the appointment of attorneys for workers' compensation claimants in certain judicial proceedings in Texas. The bill amends specific sections of the Labor Code, specifically regarding how attorneys' fees are handled in cases involving insurance carriers. Under the bill, courts are mandated to appoint attorneys for claimants who request legal representation, particularly in proceedings initiated by insurance carriers. This is aimed at ensuring that claimants have adequate legal support during contentious legal disputes.

Contention

Noteworthy points of contention may arise around how the bill impacts the costs associated with legal representation in workers' compensation cases. Insurance companies might express concerns over increased costs resulting from mandatory attorney appointments and subsequent fee obligations. Moreover, there may be discussions about whether the standard set for appointing attorneys—namely, the requirement for claimants to demonstrate a good faith effort in finding representation—can effectively balance the interests of both claimants and insurance carriers without creating further procedural burdens.