Turn on more accessible mode
Turn off more accessible mode
The Source You Trust
Search
800-622-4123
  • Contact Us
  • Products
    • Popular Products Riskworkstation™ NCCI Atlas Class Look-Up Data Manager Dashboard
    • Product Catalog
      Comprehensive library of NCCI's products.
  • About NCCI
    • Explore Careers
      People who join NCCI... can make an IMPACT.
    • Corporate Responsibility Facts and Information NCCI Cares Contact NCCI
    • Learn About NCCI About Us Our Leadership Media Center NCCI State Map
  • Learn@NCCI
    • NCCI Academy
      Curriculum-based learning exclusively for NCCI carriers and regulators.
    • Learning Center
      Topic-based learning for agents and available to all!
    • Other Learning Experiences NCCI Atlas Training Virtual Carrier Education Series Microlearning Videos
  • Log In
  • My Profile
    • My Contact Information My Email Notifications Recent ncci.com Updates My Products Company Administrators
    • Issues Tracking View/Pay My Invoice (OIS)
  • Data Reporting
  • Industry Information
  • Residual Markets
  • Underwriting
  • Agents/Brokers
  • Insights
Search
  • My Profile
    • My Contact Information
    • My Email Notifications
    • Recent ncci.com Updates
    • My Products
    • Company Administrators
    • Issues Tracking
    • View/Pay My Invoice (OIS)
  • Data Reporting
  • Industry Information
  • Residual Markets
  • Underwriting
  • Agents/Brokers
  • Insights
  • Contact Us
  • Products
    • Product Catalog
    • Popular Products
      • Riskworkstation™
      • NCCI Atlas
      • Class Look-Up
      • Data Manager Dashboard
  • About NCCI
    • Learn About NCCI
      • About Us
      • Our Leadership
      • Media Center
      • NCCI State Map
      • Corporate Responsibility
      • Facts and Information
      • NCCI Cares
      • Contact NCCI
    • Explore Careers
  • Learn@NCCI
    • Learning Center
    • NCCI Academy
    • Other Learning Experiences
      • NCCI Atlas Training
      • Virtual Carrier Education Series
      • Microlearning Videos
Insights
Court Case Update, Texas - March 2022
Court Case Update, Texas - March 2022
NCCI Page Content Two
​​​​​​​​​​​InsightsLegal
 
By NCCI Insights March 01, 2022​
​


Page Content

On February 15, 2022, the federal District Court for the Northern District of Texas, in Garcia Rodriguez v. Blaine Larsen Farms, Inc., held that WC exclusive remedy barred a tort lawsuit brought against an employer by the family and estate of an employee who contracted COVID-19 at work and subsequently died of the illness. The lawsuit included several claims such as negligence, negligent entrustment​, and wrongful death.

In this case, the employee was a foreign citizen holding a temporary agricultural worker visa. The agreement between the employer and the employee required the employer to provide the employee with free housing, transportation, and other necessities including medical care. The employee’s family alleged that the employer experienced rolling outbreaks of COVID-19 among its workforce and improperly housed sick employees without providing adequate supplies, food, or medical care, causing the employee to contract and die from COVID-19. The family also alleged that the employee died while “working for the employer” and from “a workplace accident.” The court reasoned that these allegations meant the employee’s death was work related and therefore concluded the claims were barred by WC exclusive remedy.

For more information on other cases monitored by NCCI’s Legal Division, visit previous Court Case Updates and Court Case Insights, under the Legal section of INSIGHTS on ncci.com.

​This article is provided solely as a reference tool to be used for informational purposes only. The information in this article shall not be construed or interpreted as providing legal or any other advice. Use of this article for any purpose other than as set forth herein is strictly prohibited.
​
TOP
NCCI Page Content Right Top

​
​
NCCI
Home
About Us
Careers
Contact Us
Website SLA
QUICK LINKS
Events and Programs
Learning Center
NCCI Academy
Online Invoice Service (View/Pay My Invoice)
Recent ncci.com Updates
Product Catalog
Solutions
LEGAL
Privacy Policy
Terms of Use

CONNECT WITH US

We use cookies on this site to enhance your user experience. By continuing to use this site you are giving us your consent to place cookies on your device.

Continue Give me more information