BP victims face compensation concerns (due to tort reform) [View All]

[Rose Siding]

It's possible the BP explosion victims or their families could be entitled to a maximum of about $28,000 a year from workers' compensation and Texas City State Rep. Craig Eiland thinks that's a second tragedy.

"There's just no doubt about it. The law is more restrictive, their rights are more limited and the victims' recovery will be more limited," said the Democrat, a plaintiffs attorney himself.

Eiland's concern reflects the significantly less friendly legal landscape that confronts the victims of last month's BP explosion, compared with those injured by the 1989 explosion at the Pasadena Phillips Petroleum plant or the blast in 1990 at the Channelview Arco Chemical Co. plant.

Millions were paid out in confidential settlements in those explosions 15 years ago.

But tort reform passed by the legislature since then — and like-minded decisions by Texas appellate courts — have nipped and tucked so much over the years that the suing worker in 2005 faces lower expected settlements and awards and a tougher time getting to them.

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3120169