Personal Injury, Worker’s Compensation, Civil Remedies

Illinois Construction Site Accident Yields Unprecedented Award

by Hoffman DiMuzio on 5/9/2013

Ronald Bayer fell off an iron beam while working on the construction site of an Illinois warehouse in 2007 and landed head first on the concrete 20 feet below. He sustained severe injuries: paralysis from the chest down and...more

What is the difference between a workers’ compensation case and a personal injury case?

by Demas Law Group on 4/24/2013

When someone is injured on the job, he or she has may have some options as to how to pursue payment of medical bills and other costs associated with the accident. In California, workers’ compensation law is written so that...more

A Busy Day of Civil Arguments at the Illinois Supreme Court

by Kirk Jenkins | Sedgwick LLP on 3/19/2013

Tomorrow will be a busy day for the Illinois Supreme Court's civil docket, with five cases being argued, beginning at 9:00 a.m. They are...more

Suing After An Aviation Accident

by Tate Law Group, LLC on 1/16/2013

The Estate of Douglas Bourn recently settled three lawsuits by the families of former Tesla Motors employees who died while on board Mr. Bourn’s aircraft. The cases date back to February 2010 when Mr. Bourn took off with...more

Pay me once, pay me twice, pay me thrice?

by Glen A. Murphy | Spilman Thomas & Battle, PLLC on 12/12/2012

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more

When Is a Workers Comp Claim Not a Workers Comp Claim?

by Sedgwick LLP on 11/8/2012

Our preview of the civil cases on the Illinois Supreme Court's November oral argument docket continues with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. ...more

Can You Sue a Co-Worker for Negligence Following an On-the-Job Injury?

by Jodi Ginsberg - Georgia Workers Compensation... on 10/30/2012

The Georgia Supreme Court recently issued a very interesting decision about your right to sue a fellow employee for pain and suffering damages when the negligent act occurred at work and you are otherwise covered by workers...more

Supreme Court Defines Scope of "Power Press" Exception to Work Comp Exclusive Remedy Rule

by Barger & Wolen on 8/21/2012

In its August 20, 2012 decision in LeFiell Manufacturing Company v. Superior Court, the California Supreme Court held that an injured employee’s spouse is not allowed to pursue a claim for loss of consortium in the employee’s...more

DIR Complaints Are Insufficient Remedy

by Virginia L. Hunt on 7/19/2012

In 1995, the Nevada legislature passed a law, NRS 616D.030, that injured workers could no longer sue workers' compensation insurers or the third-party administrators who handle comp claims .Injured workers had been filing ...more

Labor Letter - July 2012: Liability Beyond Your Workers' Compensation Coverage

by Fisher & Phillips LLP on 7/5/2012

True or False? Workers' compensation is the exclusive remedy for employees pursuing a recovery against their employer. The answer is of course false. The exclusive remedy doctrine provides that when an employee is injured...more

Bill That Could Nullify Howell Moves Forward

by Barger & Wolen on 7/5/2012

California trial lawyers have made no secret of their intent to nullify the Howell v. Hamilton Meats & Provisions, Inc. decision with new legislation this year. If Howell is nullified or restricted by legislation this...more

NJ High Court Rules ‘Willful’ OSHA Violation Doesn’t Overcome Worker’s Compensation Preemption

by Ballard Spahr LLP on 7/2/2012

A willful violation of federal safety standards does not, on its own, overcome the worker’s compensation bar against civil suits, the New Jersey Supreme Court ruled in its June 26, 2012 decision in Van Dunk v. Reckson Assocs....more

Could the NFL Use an “Exclusive Remedy” Defense to Block Concussion Lawsuits

by Jodi Ginsberg - Georgia Workers Compensation... on 5/15/2012

Recently, a number of retired football players have sued the NFL for damages arising from concussion injuries associated with the head trauma regularly incurred in professional football games. Does the NFL have an argument...more

A woman's injury during sex seen as legit work injury by judge

by Johnston, Moore & Thompson, Huntsville... on 4/20/2012

We don't often write about international workers' compensation cases, but a recent ruling in an Australian case is notable enough to share on this Alabama blog. If you were on a work trip and got hurt during a sexual "tryst"...more

Court: Regional District Employees Are “Town” Employees; Claims Barred By Workers’ Compensation Act Exclusivity

by Pullman & Comley, LLC on 4/17/2012

The Connecticut Supreme Court, in a decision that will be officially released next week (but released this morning), held that an animal control officer for several towns, was an employee of each of the towns. Because...more

Collateral Source Rule Does Not Preclude Introducing "Negotiated Rates" of Past Medical Costs in Workers' Compensation Benefits...

by Sedgwick LLP on 4/10/2012

In Lydia Sanchez v. Darrell G. Brooke, et. al., (March 8, 2012, B224835), California's Court of Appeal, Second District, acknowledged and extended the recent California Supreme Court decision in Howell v. Hamilton Meats &...more

California Court of Appeal Extends Howell v. Hamilton Meats Rule to Limit Injured Person's Medical Expenses to Discounted Amounts...

by Barger & Wolen on 3/12/2012

Last year, the California Supreme Court held in Howell v. Hamilton Meats & Provisions, Inc. that an injured plaintiff whose medical expenses were paid through private health insurance could not recover as economic damages...more