Worker’s Compensation Personal Injury

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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

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

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

Health Alert (Australia) - August 11, 2014

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Judgments: Western Australia (WA) - 4 August 2014 - Frew v Donate Life (N.M.A.H.S.) [2014] WADC 96 - Workers' compensation - appeal...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

Fatal job-related injuries lead to OSHA investigation

An Alabama man working as a contractor lost his life after suffering from fatal job-related injuries. The man died after a tragic accident that resulted in severe burns on most of his body while he was employed by Ranger...more

Shatto v. Mcleod: The “Specifics” (Or Lack Thereof) In Circumstantial Evidence

The South Carolina Court of Appeals recently had its second go-around with a workers’ compensation claim filed by a nurse anesthetist against a temporary medical staffing agency and against the hospital where that agency...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

Improving warehouse safety for workers

According to the Occupational Health and Safety Administration, there are more than 7,000 warehouses across the U.S., employing over 145,000 workers. Even in the safest of facilities, warehouse employees can face a number of...more

Employer Liability for Workplace Accidents

Accidents can happen at any time, including at work. If you are a California employee who was injured on the job or while performing work duties, it is important that you understand your rights and legal options. In many...more

Equity – Establishing the Elements of Equitable Tolling and Equitable Estoppel

Linda Hopkins v. Jurek Kedzierski as Trustee, etc., et al. - Court of Appeal, Fourth Appellate District (April 16, 2014) - Under the principle of equitable tolling, a statute of limitations will not bar a claim...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

California Workplace Accidents and Third Party Liability

Many Southern Californians are injured on the job each day, whether in construction-related accidents, auto accidents while driving for work, or slipping and falling as a result of an unsafe workplace condition. If you or a...more

Subrogation Alert - Hodges v. Federal-Mogul Corporation

A recently-published decision of the U.S. District Court for the Western District of Virginia should be expected to have an immediate impact on the use of expert testimony in subrogation cases in that region. The case,...more

California Supreme Court To Consider Causation in Workers Comp for Medication-Related Injuries

In Wednesday’s conference, the California Supreme Court agreed to review South Coast Framing v. Workers’ Compensation Appeals Board, an unpublished decision from Division One of the Fourth District. South Coast Framing poses...more

Low Back Pain: Work-Related or Not?

Most people, excluding lawyers, are likely to tell you that it is an obvious fact that strenuous activity involving load on the back in occupations with heavy lifting, twisting, bending, and carrying will cause more back...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

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