Relating to the recovery of exemplary damages based on a compensable death under the Texas Workers' Compensation Act.
Impact
The new provisions introduced by HB 823 signify a potential shift in how compensable death claims are adjudicated within the framework of workers' compensation in Texas. By enabling the recovery of exemplary damages, the bill could incentivize employers to adhere to safety regulations and caution against negligent behavior. The bill specifically applies to claims based on injuries occurring after its effective date, ensuring that future cases can benefit from this legislative advancement, while earlier cases remain under the prior laws.
Summary
House Bill 823, known as the Christion Fitzgerald Act, is aimed at addressing the recovery of exemplary damages in cases of compensable death under the Texas Workers' Compensation Act. The bill specifically allows for the surviving spouse, children, or parents of a deceased employee to recover exemplary damages if the employee's death was caused by the intentional act or gross negligence of the employer. This legislative change expands the rights of family members regarding compensation following a workplace death circumstance attributed to employer misconduct.
Contention
The approval of HB 823 is contingent upon a constitutional amendment allowing recovery of exemplary damages for homicides to be passed in the upcoming 2025 elections. This conditionality introduces a layer of complexity in its enactment, as the success of the bill fundamentally relies on the voters' approval of the proposed amendment. In debates surrounding the bill, there may also be concerns voiced from stakeholders regarding how such changes could affect insurance premiums and the overall landscape of workplace safety accountability.
Relating to the compensability of injuries sustained at a location other than an employer's worksite, including at an employee's home, under the workers' compensation system.
Relating to the eligibility of certain first responders for workers' compensation benefits for post-traumatic stress disorder under the workers' compensation system.