This story on NPR's Day to Day suggests that may be the case.
As with many torts cases, the plaintiff's story in this matter is harrowing. He was sprayed with oil at a temperature of in excess of 500 degrees at a Citgo refinery in Corpus Christi, and he is so badly disabled that he is unlikely ever to work again. Yet under a decision of the Texas Supreme Court, even if his employer was negligent in causing the accident, his recovery is limited to just what is available under the Texas Workers Compensation scheme, a total of about $250K. Yet he recovered much more when a jury initially heard his case. That jury award was subsequently overturned in the Texas Supreme Court ruling that limited his recovery to his workers' compensation remedy.
Now, the Texas Supreme Court may take the unusual step of reconsidering the case, which has been criticized by both the plaintiffs and defense bar in the state. Why the defense bar criticism, you may ask? Defense lawyers, too, are concerned that the current law would too greatly diminish their business.
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