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

Construction Case Law Update - December, 2014

FLORIDA STATE CASES - Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more

Death Cases and Resulting Claims for Benefits: An Overview

This post provides a general overview for handling death cases under the North Carolina Workers’ Compensation Act. Death cases and the resulting claims can be extremely fact specific so it is always best to discuss specific...more

Global HR Hot Topic—December 2014: Overseas Business Travel Liability and the Duty of Care in Times of Ebola

As of late 2014, the United States faced no Ebola pandemic whatsoever. The odds of catching Ebola in an American workplace remained statistically zero. Only a handful of Ebola cases had made their way to the United States,...more

FRANCHISEE 101: Avoid Acts & Omissions That Expose Your Franchisor to Potential Liability

A West Virginia Court refused to dismiss an action brought under its state workers' compensation law. That law permits an employee to recover greater damages when deliberate intent exists. An employee of a Hardee's...more

Coverage Options for Employee Asbestos Claims

Over the past year, courts in Illinois and Pennsylvania have dramatically altered the ability of an employee to bring claims against past and present employers for asbestos-related injuries. Traditionally, employees were...more

Violation of OSHA Standards Now More Costly in Wisconsin

Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of...more

Washington Supreme Court Ratifies Employer Immunity for Asbestos Exposure

The Washington Supreme Court recently affirmed summary judgment in favor of an employer defending an asbestos lawsuit brought by a former employee. In Walston v. Boeing Co., No. 88511-7 (September 18, 2014), the Supreme...more

No Workers' Comp Immunity! No Insurance! Sure Is a Problem

In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally...more

Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more

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

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

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

163 Results
|
View per page
Page: of 7

Follow Personal Injury Updates on: