Workplace Injury

News & Analysis as of

The dangers auto mechanics face

Auto mechanics in Illinois are regularly exposed to unique job-related hazards, and their injury rates reflect this. According to the most recent Bureau of Labor Statistics data available, mechanics suffered over 15,000...more

Construction Case Law Update - May 2015

Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more

Project Management Firm Not Liable for Subcontractor’s Injuries

The Suffolk (MA) Superior Court, in Rodrigues, et al. v. Tribeca Builders Corp., et al. (Civil Action No. 13-00730-C), recently granted summary judgment to a project management firm retained by a property’s landlord/owner,...more

Delay in Calling 911 After Accident Results in Willful OSHA Violation

Last week, the Seventh Circuit Court of Appeals affirmed a willful OSHA citation against an employer that delayed calling for emergency services for 90 minutes after an employee became trapped in a permit-required confined...more

Manufacturers and Temporary Workers

On April 29, 2013, the U.S Department of Labor’s Occupational Safety and Health Administration (OSHA) announced its temporary worker initiative. OSHA contends that temporary workers encounter an increased risk of...more

Injured Worker’s Act was Not Foreseeable: OHSA Charges Against Employer Dismissed

Recently, an Ontario court dismissed Occupational Health and Safety Act charges against an employer where the injured worker’s unexpected and unauthorized act led to his injury. The worker used an overhead crane to rotate a...more

Insurance Recovery Law - May 2015

California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded - Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more

En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from...

Chapman v. Coca-Cola Bottling Co., No. 2013-CA-01883-COA (Miss. Ct. App. Mar. 17, 2015). Ruling en banc, court affirms grant of summary judgment for insurer, adjuster and employer on bad faith claims brought by former...more

Workers’ Compensation Cost Containment for the North Carolina Employer: Effectively Asserting the Misrepresentation Defense

On June 24, 2011, then-Governor Beverly Purdue signed H 709—”Protecting and Putting North Carolina Back to Work Act” into law. As part of this Legislative Reform, North Carolina Employers now have an additional defense...more

The Construction Advantage – Issue 16

Welcome to the sixteenth edition of The Construction Advantage! In our latest issue, we thought we would throw a curve ball, in honor of the beginning of baseball season. Construction Law Group Chair Michael Bosse highlights...more

Head Trauma Is A Construction Site Risk

The U.S. Department of Labor’s Bureau of Labor Statistics reports that approximately 200,000 construction workers are currently employed in Illinois alone. Construction is both a primary industry in the country, and one of...more

Illinois workers’ compensation reforms lead to lower medical payouts

More than 155,600 Illinois residents were injured on the job during 2013, according to the U.S. Bureau of Labor Statistics. Many of these people required significant medical care during the weeks and months following the...more

The InterConnect FLASH! - April 2015: Be On Guard: North Carolina Decision Continues Worrisome Trend

On March 17, 2015, in Atiapo v. Goree Logistics, Inc., the North Carolina Court of Appeals affirmed an Industrial Commission Opinion and Award holding that Owen Thomas, Inc. (“Owen Thomas”), a federally licensed...more

Bad Faith Sentinel - April 2015

In This Issue: - En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury -...more

Lee v. M&H, Wal-Mart - Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation...

Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation Benefits From General Employer. Plaintiff Lee suffered serious injuries while performing clean-up duties during...more

Company that “met or exceeded many industry standards in its operations” still found guilty of OHSA charges

Exceeding industry standards does not, on its own, protect employers from health and safety convictions or fines, a recent court decision shows. A roofing company was charged with two offences under the Ontario Occupational...more

Recent OSHA Enforcement Actions – Implications for Manufacturers

A good way to get a sense of OSHA’s priorities and focus is to look at the citations it’s recently issued. So this post will highlight just a few of the recent enforcement actions by OSHA Region 1 (MA, CT, VT, NH and ME)....more

Injured Workers’ Opinions Needed NOW!!

As you know, I have been working with a group of dedicated workers’ comp attorneys to try to defeat some nasty bills that would significantly cut your benefits. Specifically, Assembly Bill 229 would require that rating...more

How To Win Your Workers’ Compensation Case

There are many opportunities to reduce workers’ compensation liability exposure both before and after litigation commences.  Indeed, one of the best strategies for reducing costs is to develop a culture of “safety” in the...more

Florida Supreme Court Thwarts Attempt to Circumvent “Exclusive Remedy” Provision

Most states limit a worker’s remedies for work-related injuries to a workers’ compensation claim against the employer. Such "exclusive remedy" provisions codify a longstanding compromise whereby employers trade liability,...more

What Illinois workers’ comp benefits are available to families after a fatal accident?

When a worker dies after a job-related accident, the consequences can be tragic and severe for families. Workers’ compensation law offers a range of benefits for the survivors of industrial accidents....more

Is your Illinois company protecting you against a trenching injury?

Trenching is an important part of the construction industry. Unfortunately, it is also associated with an elevated rate of injury and death on the job....more

Legislative Update on Bills Affecting Injured Workers

Steve Miller ran two articles today in the Nevada Journal on the proposed legislation that would allow injured workers greater rights to choose their treating physicians.  Let’s hope that Nevada’s lawmakers read them and pay...more

Exotic Dancer Entitled to Workers’ Comp After Being Shot in Club

Addressing an issue that is being litigated around the country, the South Carolina Supreme Court ruled last week that an exotic dancer was an employee of a gentlemen’s club and is therefore entitled to workers’ compensation...more

Aggravated damages awarded under OHSA for retaliatory firing

An employer has been ordered to pay aggravated damages – in addition to lost wages – after firing an employee in retaliation for raising safety issues. The employee worked at a hair salon. She suffered an injury at work as a...more

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