Please send to your contacts in your phone by Text
Hi and thank you for supporting this petition. I am asking that you please take the time to open up your phone and paste this link and ask your friends and family to do the same. When things are on social media, a lot of the time they are just skrolled by and no one pays attention.
When you send a text and ask it becomes more personal and that is what this is to us. This is personal. We all have children, sisters, brothers, aunts and uncles that go to work and work hard for their familes.
No company in the US should be protected and because the worker does not have children and or a spouse.
This is an a ruling from the Supreme Court of Texas- Justice Guzman (on the loop hole in Texas that prevent such suits)
While the record bears no evidence of “intent” as we have narrowly defined the
intentional-injury exception under the Texas Constitution,33 at a minimum, there is some evidence
of extreme gross negligence. Even so, Fabian’s parents have no recourse against Mo-Vac for their
loss because, unlike the wrongful-death statute, the workers’ compensation scheme treats similarly
situated workers differently and values their lives differently based on who survives them. If the
statutes were parallel, San Juanita and Primitivo’s claims against Mo-Vac would be viable, and
31 Waldrip, 380 S.W.3d at 137.
32 TEX. CIV. PRAC. & REM. CODE § 41.001(11)(B).
33 Ante at 12-13, 19.
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the exemplary-damages provision in the Workers’ Compensation Act would have more force in
deterring the dangerous conduct that resulted in their son’s death.
* * * * *
In a perfect world, employers would do the right thing simply because it is the right thing
to do. But we don’t live in a perfect world. We live in a world that requires laws, regulations, and
disincentives to help ensure employers don’t do the wrong thing. Without meaningful
consequences for engaging in prohibited conduct, laws are not effective. On that score, the
Workers’ Compensation Act has a loophole that unwittingly permits employers to engage, with
impunity, in unsafe practices. I believe the tragic circumstances presented here make a strong case
for aligning the Workers’ Compensation Act with the Wrongful Death Act, and I call on the
Legislature to do so. Justice-Eva M. Guzman