Personal Injury Worker’s Compensation Labor & Employment

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

BSG: Kein Unfallversicherungsschutz bei selbst organisierter Weihnachtsfeier

Arbeitnehmer, die an einer betrieblichen Gemeinschaftsveranstaltung teilnehmen, sind nach ständiger Rechtsprechung als Beschäftigte grundsätzlich in der gesetzlichen Unfallversicherung versichert. Nach einer Entscheidung des...more

How Not To Train Employees: Stage A Fake Armed Robbery

Ever wonder how your employees would handle a life-threatening situation? Well, four supervisors of the West Kern Water District apparently did. And they didn’t just wonder; concerned about robberies in the area and following...more

Summary of California Appellate Decisions - June 2014

Insurance Coverage; Professional Services Exclusion; Completed Operations; Duty To Defend: North Counties Engineering, Inc. v. State Farm General Insurance Company (2014) 224 Cal.App.4th 902, 169 Cal.Rptr.3d 726...more

North Carolina Supreme Court Allows Termination of TTD Benefits on General Economic Conditions

Employees injured on the job who are terminated by their employer are generally entitled to collect temporary total disability (TTD) benefits under the Workers’ Compensation Act until they are able to locate suitable...more

Litigating a Nonsubscriber Case: Prohibited Affirmative Defenses

Although the benefits to becoming a nonsubscriber under the Texas workers’ compensation system are manifold, employers who choose to become nonsubscribers do need to be aware of hurdles that the Texas Legislature put into...more

Pennsylvania Effectively Eliminates Workers’ Compensation Act as Source of Protection for Employers from Suits Arising Out of...

On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’...more

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more

U.S. Tax Court Decision Shows Importance of Carefully Drafting Settlement Agreements

In Sharp v. Commissioner, the United States Tax Court once again demonstrated the importance of carefully crafting settlement agreements and reaffirmed that emotional distress damages are taxable income to the recipient....more

Appellate Court Notes - Week of December 23

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

Is That Covered? Holiday Parties

Let's say that you are having a Holiday party (with alcohol served) at your home, or you are a business owner and have a voluntary "company" party for your employees. If someone becomes "visibly intoxicated" at your party,...more

Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case

Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers. On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more

North Carolina Court Bars Injured Employee’s Civil Lawsuit Against Employer, Again…

In North Carolina the redress for an on-the-job injury is strictly limited to the “exclusive remedy” provision of the NC’s Workers’ Compensation Act. Under this Act, jurisdiction is given to the NC Industrial Commission and...more

Waivers are a Major Source of Protection for Non-Subscribers

Non-subscribers may be sued by their employees for on-the-job injuries and non-subscribers are also limited in the defenses they are allowed to assert. To minimize this exposure, most employers who have opted out of the Texas...more

Part 3 of 3: Biggest Disadvantage to “Opting Out” of Texas Workers’ Compensation System

The biggest reason most employers elect to provide workers’ compensation benefits is to avoid the risk of litigation. An employer who provides workers’ compensation benefits to injured workers cannot be sued by the employee...more

Australia’s High Court Denies Employee Worker’s Compensation Claim For Sex Injury

Ruling in a 4-2 decision[1], the Australian High Court denied a government employee worker’s compensation claim for an injury the employee sustained while having sex in a motel room during a business trip. The female...more

Third Party Claims For Work Related Injuries

Washington state law prevents employees from suing their employers for on-the-job injuries and limits employer liability to paying L&I compensation. This law, however, does not prevent an injured employee from suing a party...more

What Constitutes Fraud Under NJ Workers’ Compensation Law?

A simple definition of workers’ compensation fraud is any activity that prohibits the fair payment of valid claims for workplace injuries or illnesses. However, it is important to understand that fraud can be used to collect...more

Retailer Liability - NY Court Clarifies Type of Cleaning Governed by "Scaffold Law"

Today, New York's highest court issued a decision that affects an injured worker's right to compensation under Labor Law Section 240, an absolute liability statute feared by many New York property owners and their contractors...more

Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute

This week we examine the issues of whether a volunteer who accepts medical benefits under a worker's compensation policy is bound to the Indiana Worker's Compensation Act for exclusive recovery. We also examine the Indiana...more

Argument Report: Illinois Supreme Court Debates the "Traveling Employee" Exception

Last week, the Illinois Supreme Court seemed poised to reject an expansive interpretation of the "traveling employee" exception to the "going and coming" rule, which holds that employees injured during their commute to work...more

The Rules Of Horseplay

When you think about getting hurt on the job, you probably think of things like machinery, vehicles, chemicals, and heavy objects. You probably don’t think about your crazy co-workers — they might get on your nerves, but they...more

Where Does Your Job Begin?

On May 9, 2013, the New Jersey Supreme Court agreed to hear the case of Hersh v. Morris County, to decide physically where employment begins....more

Create Jobs through Regulatory Reform

In light of the fact that the NC Senate is preparing to vote on a recently-passed House bill, it is appropriate to revisit one topic that may be addressed by the Senate in the coming days. The House passed Senate Bill 112...more

Playground Heroine Still Recovering From Her Job-Related Injuries

The kindergarten worker said she can't remember much about what happened — just everyone screaming and trying to get the children out of the playground....more

Ohio Supreme Court Clarifies Compensable Psychological Conditions

On June 4, 2013, the Ohio Supreme Court issued a decision limiting the circumstances under which a psychological condition can be recognized in a workers’ compensation claim. The Court’s decision, Armstrong v. John R....more

167 Results
|
View per page
Page: of 7

Follow Personal Injury Updates on: