Worker’s Compensation Updates

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

What Is An Idiopathic Injury?

There are a lot of work place injuries that happen in North Carolina for reasons no one can explain, even the person who got hurt. Most of the time, these injuries happen when someone passes out, falls, and hurt themselves or...more

Florida Statute Deeming Workers’ Compensation an Exclusive Remedy Declared Unconstitutional by 11th Circuit Trial Court

On Wednesday, August 13, 2014, 11th Circuit Trial Judge Jorge E. Cueto entered a Summary Final Judgment Order declaring the exclusive remedy provision of the Workers’ Compensation Act (the Act) unconstitutional. In Julio...more

What Falls Under "Medical Compensation" Under North Carolina's Workers' Comp Act

In our last post we discussed how you prove that you're entitled to medical compensation. In this one, we're going to talk about what medical compensation actually mean, what you have to do to get it, and some examples of...more

My Attorney Never Calls Me Back

This is the biggest complaint that we get when an injured worker represented by another lawyer calls us for help. Honestly, sometimes we run across a client that is a bit of a pain and calls several times a day. However,...more

Getting More Treatment

A lot of times we’ll get calls from injured workers saying that the adjuster has told them their case has been closed and they can’t get anymore treatment or disability benefits. Sometimes, the adjuster’s right. But a lot...more

Litigation: New York’s Appellate Division Refuses to Compel California Employers to Arbitrate in New York State (10/14)

The Appellate Division, First Department, for the Supreme Court of the State of New York recently held that a group of California-based employers represented by Bond, Schoeneck & King PLLC cannot be compelled to arbitrate...more

Ohio Supreme Court Rules On Applicability of Dual Intent Doctrine When Determining Eligibility For Workers’ Compensation Benefits

On October 21, 2014, the Supreme Court of Ohio in Friebel v. Visiting Nurse Assn. of Mid-Ohio addressed whether the doctrine of dual intent or dual purpose is applicable when determining eligibility for workers’ compensation...more

Workers' Compensation and Truck Drivers: Occupational Accident policies

If you are an independent contractor you may still file a good claim for workers' compensation in North Carolina. Our workers' compensation law has a clear exception to the general rule against independent contractors....more

Workers' Compensation and Truck Drivers: back injuries

Your back hurts, you’ve got pain down your legs, and the workers' compensation adjuster is telling you that you didn’t have an accident. If you are like most people you think of an “accident” as a “slip, trip, or fall.” For...more

Workers' Compensation and Truck Drivers: Independent contracts and employees

Ordinarily only employers with three or more employees are required to carry workers’ compensation insurance. Independent contractors are not covered by the workers' compensation laws. However in an exception carved out just...more

Do workers' compensation claims pay for pain and suffering?

One of the trade-offs in workers’ compensation is that you receive no direct payment for pain and suffering. You’ve undoubtedly heard this phrase being used in the context of people who bring lawsuits for auto accidents,...more

Employers Should Not Just Be Bold, But Smart, When Dealing With Ebola

Tensions are high concerning the potential spread of the Ebola virus disease in the U.S., fueled by the confirmation of new infections, around-the-clock news reports on potential calamities and our natural, and seemingly...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

Road workers and the risks they face in Illinois

The elevated risk of work zone accidents to road workers, relative to many professionals laboring in different fields, may be intuitive. These workers labor in road construction work zones, which are located in unavoidably...more

Nevada Insurers Often Wrong About Pre-existing Conditions

Any injured worker over the age of 30 with a serious work injury is likely to find some reference in his or her medical records to degeneration of the body part being examined. Degenerative disc disease, for example, is...more

How do I file for workers’ compensation in Illinois?

For Illinois workers, incurring a workplace injury can be a traumatic experience. On top of worrying over possible long-term effects on health and impairments to the ability to make a living, the anxiety over how to respond...more

Does asbestosis qualify under the Illinois Workers’ Occupational Diseases Act?

Asbestosis is covered under the Illinois Workers’ Compensation and Occupational Diseases Act. In other words, Illinois workers who develop this condition as a consequence of employment are entitled to benefits under state...more

U.S. District Court Judge Bars Plaintiff’s Individual Disability Claims in Their Entirety by Application of the Doctrine of...

In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a judge adopted the Report and Recommendation of her magistrate judge and granted an individual disability insurer summary judgment on its...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

Filing a claim after a workplace injury occurs

An employee may be eligible for workers' compensation after a work-related accident but must first file a claim. Under the Alabama workers' compensation law, a worker can file a claim by notifying an employer of an injury or...more

New Law Puts California Businesses On The Hook For Wage And Workers’ Compensation Claims By Temporary Workers Employed By Staffing...

A new law exposes California businesses to potential liability for claims by temporary workers. On September 28, 2014, Governor Brown signed into law AB 1897, which created California Labor Code § 2810.3. The new law requires...more

Village of Posen’s Rough Day in Court: The Perils of Challenging an Arbitration Award

The Illinois Appellate Court recently affirmed an arbitrator’s decision to fully reinstate a police officer terminated for cashing workers’ compensation checks while also receiving full disability pay during recovery from an...more

Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party...more

Owner/developer was not responsible for civil damages sustained in a workplace incident 20 years ago

Over 20 years after a workplace incident that seriously injured a worker, the Alberta Court of Queen’s Bench has dismissed the worker’s civil action against a developer. The worker had been working on a rooftop of a...more

Third Party Cases and Right to Lien

3rd Party Cases - In New York, to use one example, you have the right to file a lawsuit against a third party if that party might be responsible for your injuries. These cases can result in verdicts that reach into the...more

1,230 Results
|
View per page
Page: of 50

Follow Worker’s Compensation Updates on: