Written by David A. O’Neill, J.D., Director of Investigations, PolicyFind
A recent development in asbestos litigation has been suits brought by workers in the Texas oil fields against their employers for long term exposure to asbestos during the process of lining pipes and boilers and otherwise applying asbestos containing products during oil drilling operations.
The Texas Workers’ Compensation Act (TEX. LAB. CODE ANN. S408.001(a) provides that the recovery of workers compensation benefits is the exclusive remedy of an employee covered by workers’ compensation insurance for a work related injury. This 2005 statute has had the effect of limiting the liability of employers whose workers bring personal injury claims alleging work related exposure to asbestos resulting in the industrial disease, mesothelioma. The statute enables the employer to produce its workers’ compensation policies going back to the time of worker exposure thereby limiting the worker’s recovery to the policy limits. Continue reading “Texas Employers Hit with Asbestos Suits Seek Historical Workers Comp Policies”