A case recently reported in the Law Report may prove useful to others. Even though this was a case reported out of Texas, it’s illustrative of how there is more than one way to get succeed through litigation. It’s also useful to see the argument presented that allowed these Plaintiff’s to overcome the Workers’ Compensation bar.
A 25 year old man was killed at work after being sucked into a grain chute. The parents and estate initiated a wrongful death suit. The Defendant contended that workers’ compensation was Plaintiff’s only remedy – but, as the Plaintiff successfully argued, there was no insurance available for temporary workers. The court ruled there was no workers’ compensation bar. For more, see Casados v. Port Elevator Brownsville, L.C.