Reportedly happening all over the USA. I was just visiting my mother and caught up with a former co-worker still pushing a patrol car. He said it's bad there in the mcmansion neighborhoods.

quote:

Originally posted by Aspen Hill Adventures:


Reportedly happening all over the USA. I was just visiting my mother and caught up with a former co-worker still pushing a patrol car. He said it's bad there in the mcmansion neighborhoods.

Reportedly happening where all over the US?

They just want yobs.....

And all the free shot they can get.....then they complain when their free housing is not good enough.....

But lol Mikey and his ilk really want cheap landscaping....so....

quote:

Originally posted by JTEX:
They just want yobs.....

And all the free shot they can get.....then they complain when their free housing is not good enough.....

But lol Mikey and his ilk really want cheap landscaping....so....

Burglary? Who cares?

I posted a news piece and we discussed the drug cartels having a footprint in Butte Montana recently!

Mind blown. Completely mind blown.

Break into a house, get shot!

End of story!

quote:

Originally posted by JTEX:
They just want yobs.....

And all the free shot they can get.....then they complain when their free housing is not good enough.....

But lol Mikey and his ilk really want cheap landscaping....so....

You hypocritical turd. You make your living in the construction industry in Texas. Which would not exist without undocumented workers.

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by JTEX:
They just want yobs.....

And all the free shot they can get.....then they complain when their free housing is not good enough.....

But lol Mikey and his ilk really want cheap landscaping....so....

You hypocritical turd. You make your living in the construction industry in Texas. Which would not exist without undocumented workers.

Lol, Really! Without undocumented workers construction just stops? Poof just stops? Ceases as an industry ? Get a clue and come off the immigrant soap box.

Hey, he’s sensitive about this because he has undocumented illegals cut his grass. No illegalsthen he’d be out there pushing the grass cutter.

. . . it’s a bit hard to keep up with all the groups you hate Blueduck . . . how do you feel about Jews and those colored people.

Well I love the Jews in my family and my black friends, too.

My recollection of my upbringing in church and Sunday school was that the Jews were the historical "Chosen People of God" by birth and the rest of us only got to tag along because of Jesus. The way I remember it, Jews were looked up to, thought of affectionately, cool. Moses was a Mac Daddy, Joshua maybe the original Gangsta. . Sampson made Hulk Hogan seem itty bitty.

I always thought anti semitism to be a reaction to the Jews inside track and particularly dangerous seeing as how God likes them pretty good in particular.

quote:

Originally posted by tomahawker:

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by JTEX:
They just want yobs.....

And all the free shot they can get.....then they complain when their free housing is not good enough.....

But lol Mikey and his ilk really want cheap landscaping....so....

You hypocritical turd. You make your living in the construction industry in Texas. Which would not exist without undocumented workers.

Lol, Really! Without undocumented workers construction just stops? Poof just stops? Ceases as an industry ? Get a clue and come off the immigrant soap box.

Most of the construction work done here where I live is done by undocumented workers. It's an open secret.

I have done a lot of legal work representing people injured while working on construction sights in Texas. Deaths, burns, crane collapses, all sorts of cases. I've deposed a lot of workers from those jobsites. And management people.

Most of the workers on any construction site in Texas are undocumented. Less in commercial building construction. But, residential construction of houses and apartments is almost exclusively undocumented workers. The subcontractors that use them can pay them less so they get the jobs that they bid.

Reality.

Outside the skirts of the Metroplex though…not true.

quote:

Originally posted by ledvm:
Outside the skirts of the Metroplex though…not true.

True everywhere in Texas. Had a city worker up in Sulphur Springs a few years back died in a manhole. Undocumented and had worked for the city for years.

I'll never understand why you people can't get this: they don't come here for any reason other than work. No work, no migrants. It's a self-created problem. Stop hiring, they'll stop coming.

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by ledvm:
Outside the skirts of the Metroplex though…not true.

True everywhere in Texas. Had a city worker up in Sulphur Springs a few years back died in a manhole. Undocumented and had worked for the city for years.

I'll never understand why you people can't get this: they don't come here for any reason other than work. No work, no migrants. It's a self-created problem. Stop hiring, they'll stop coming.

I know many of the custom home builders in the Gainesville area and it is not true for them.

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by ledvm:
Outside the skirts of the Metroplex though…not true.

True everywhere in Texas. Had a city worker up in Sulphur Springs a few years back died in a manhole. Undocumented and had worked for the city for years.

I'll never understand why you people can't get this: they don't come here for any reason other than work. No work, no migrants. It's a self-created problem. Stop hiring, they'll stop coming.

Mike,

Was the city sued for his death?

quote:

Originally posted by Aspen Hill Adventures:

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by ledvm:
Outside the skirts of the Metroplex though…not true.

True everywhere in Texas. Had a city worker up in Sulphur Springs a few years back died in a manhole. Undocumented and had worked for the city for years.

I'll never understand why you people can't get this: they don't come here for any reason other than work. No work, no migrants. It's a self-created problem. Stop hiring, they'll stop coming.

Mike,

Was the city sued for his death?

No. There was a construction sight nearby where utility work was ongoing and it created a drainage problem. The construction company had plugged the drain pipes in the manhole without the city's permission. Decedent went into the manhole to remove the plug unaware that there was a million gallons of water backed up behind it due to the drainage issue. He pulled the plug and was drowned.

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by Aspen Hill Adventures:

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by ledvm:
Outside the skirts of the Metroplex though…not true.

True everywhere in Texas. Had a city worker up in Sulphur Springs a few years back died in a manhole. Undocumented and had worked for the city for years.

I'll never understand why you people can't get this: they don't come here for any reason other than work. No work, no migrants. It's a self-created problem. Stop hiring, they'll stop coming.

Mike,

Was the city sued for his death?

No. There was a construction sight nearby where utility work was ongoing and it created a drainage problem. The construction company had plugged the drain pipes in the manhole without the city's permission. Decedent went into the manhole to remove the plug unaware that there was a million gallons of water backed up behind it due to the drainage issue. He pulled the plug and was drowned.

What a horrible way to go.

quote:

Originally posted by Aspen Hill Adventures:

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by Aspen Hill Adventures:

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by ledvm:
Outside the skirts of the Metroplex though…not true.

True everywhere in Texas. Had a city worker up in Sulphur Springs a few years back died in a manhole. Undocumented and had worked for the city for years.

I'll never understand why you people can't get this: they don't come here for any reason other than work. No work, no migrants. It's a self-created problem. Stop hiring, they'll stop coming.

Mike,

Was the city sued for his death?

No. There was a construction sight nearby where utility work was ongoing and it created a drainage problem. The construction company had plugged the drain pipes in the manhole without the city's permission. Decedent went into the manhole to remove the plug unaware that there was a million gallons of water backed up behind it due to the drainage issue. He pulled the plug and was drowned.

What a horrible way to go.

Awful. His foot got jammed in between the drain pipe plug (which was an inflatable rubber bladder type thing) and the pipe so he was stuck. His co-workers said he just looked up at them as the water rose and covered his head. It only took a few seconds but still....terrible.

Your question about the city getting sued is a good one though. There are defined OSHA safety procedures for entering a confined space like a manhole. They should have set up a tripod with a lifeline on it above the manhole and the lifeline should have been attached to a vest that the decedent should have been wearing. That way, they could have at least tried to yank him out of the hole once it started to flood. Since his foot was jammed, it may not have worked anyway but it would have at least given him a chance.

But, in Texas, governmental entities like cities are largely immune from lawsuits.

In addition to governmental immunity, the City as his direct employer who did not engage in malfeasance would be insulted from tort liability by the Workers Compensation Statute/Law.

An employer is not liable for injury or death in tort when Comp is made available. There are exceptions which are few and strict.

In KY the last death benefit, Comp case I did the State cap was just 90k something.

Comp is capped in all states by statute/law.

The employer would have paid the Texas Workers’ Comp statutory death benefit, and been immune from action in tort.

Yes, even undocumented workers are entitled to the employer’s comp coverage (at least in KY) as they should.

quote:

Originally posted by LHeym500:
In addition to governmental immunity, the City as his direct employer who did not engage in malfeasance would be insulted from tort liability by the Workers Compensation Statute/Law.

An employer is not liable for injury or death in tort when Comp is made available. There are exceptions which are few and strict.

In KY the last death benefit, Comp case I did the State cap was just 90k something.

Comp is capped in all states by statute/law.

The employer would have paid the Texas Workers’ Comp statutory death benefit, and been immune from action in tort.

Yes, even undocumented workers are entitled to the employer’s comp coverage (at least in KY) as they should.

Heym is informed and almost correct. The decedent's city employer provided workers compensation insurance to the decedent's survivors. In Texas, if an employer provides workers compensation insurance, the only thing they can be sued for in relation to the death of an employee is gross negligence resulting in death. And, the only recoverable damages for gross negligence are punitive damages. And, in Texas, you can't recover punitive damages from a governmental entity (with some exceptions relating to federal causes of action that don't apply here). It's complicated but the city was essentially immune from suit. No monetary exposure.

The ability to sue an employer for gross negligence is one thing TX provides KY does not when Comp is available.

Here our Comp statute is a complete “exclusive remedy” as to bar all tort unless the employer engaged in intentional malfeasance. Your situation still creates a complete bar; just in a different manner given the employee was a governmental entity. Interesting, because the failure to provide OSHA required safety equipment would be the bases for a gross negligence claim against the city. However, as you explain damages are not available bc of the governmental immunity. Again, that is interesting to me.

Now, despite decades of law in multiple jurisdictions permitting undocumented workers (for better and worse as this case demonstrates) to receive the protection of the employer’s comp, the Faction will scream undocumented workers receiving those capped benefits is part of what is wrong w America.

Comp going back to states adoption of the legislative scheme in the 1900s was a trade off. The employee has to make a Prima Facie case, but does not have to demonstrate fault or employer negligence to obtain Comp benefits. The practice is still very litigious and appeals are common.

quote:

Now, despite decades of law in multiple jurisdictions permitting undocumented workers (for better and worse as this case demonstrates) to receive the protection of the employer’s comp, the Faction will scream undocumented workers receiving those capped benefits is part of what is wrong w America.

IMO if a city or any other govt entity wants to hire a non citizen then they should take care of and pay for their employee's immigration status so the person is legal.

That no one has to be responsible for the loss of that man's life is abhorrent.

Well, the employer does pay the statutory Comp benefit cap. Like, I said the last one I did was in 2019. The cap was 90k something to be administered on behalf of his heirs.

I would have no problem with a law that allowed work status and sponsorship by government entities to hire undocumented workers.

The Faction rejects this.

You want to stop what MM and I are talking about, stop biting for big business GOP tort reformers.