Workplace Injury

News & Analysis as of

Updated OSHA Reporting and Recordkeeping Rule: What Employers Need to Know

As of January 1, 2015, the Occupational Safety and Health Administration’s (“OSHA”) updated recordkeeping and reporting rule went into effect. The recordkeeping rule changed in two key ways: (1) the rule updated the...more

Examining Return-To-Work Issues Under The FMLA

I frequently receive calls from clients involving an employee who is about to use up all of his medical leave, but who has little chance of returning to work — either at the end of his 12-week Family and Medical Leave Act...more

OSHA Reporting and Recordkeeping Requirements: New Rules Effective January 2015

As of January 1, 2015, the Occupational Safety and Health Act (OSHA) requires employers to comply with new reporting and recordkeeping requirements. There are two major changes....more

OSHA Hands Down Record Award Under Federal Railroad Safety Act

The Occupational Health and Safety Administration (OSHA) gave a MTA Metro-North railroad employee a record award under the Federal Railroad Safety Act after they suffered an injury in 2011. The $250,000 in punitive damages...more

What is workers' compensation mediation?

Although an injury on the job can be inconvenient and frustrating to an Alabama employee, workers' compensation typically provides the coverage needed to obtain needed medical treatment. It also may provide payments for lost...more

Can you claim Social Security Disability as well as workers’ compensation?

Work-related injuries contribute to about 1 in 20 cases of disability, according to the Council for Disability Awareness. Workers’ compensation insurance provides financial support to Illinois workers who have suffered...more

Make Surveillance Worth the Money

A largely sedentary/stationary workforce is a luxury in the world of Workers’ Compensation law because the idea of a disabling work injury, or a nagging, high cost medical recovery period, seems to be a remote possibility. ...more

Two company directors jailed 25 days after worker dies, no safety training provided

Rarely are senior corporate officials jailed for health and safety offences in Canada.  But recently, two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died...more

Connecting an illness to one’s employment

Not all work-related disability is caused by sudden accidents. Many Illinois workers are permanently or temporarily disabled every year by occupational illness. According to the U.S. Bureau of Labor Statistics, more than...more

California Court Expands Going and Coming Rule

Craig Schultz was a drafter for a civilian company that had several buildings located on a large U.S. Air Force base. He drove his personal vehicle onto the base, and was permitted to travel around the base and use military...more

Has OSHA's Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What's the difference between a bakery, a liquor store and a lumber yard? According to OSHA, not much, when it comes to its newly-enacted reporting regulations....more

Reminder: New OSHA Recordkeeping Rules Took Effect January 1

The federal Occupational Safety and Health Administration’s revised illness and injury regulations took effect January 1 for employers in states with federal OSHA enforcement. States with their own OSHA enforcement programs...more

Is An Injury Sustained by an Employee While Participating in a Workplace Wellness Program Compensable Under the Workers'...

With the new year upon us, chances are that your employees are making those age old resolutions to lose weight, get fit, and exercise more. And, if you sponsor or offer an employee wellness program, your employees might be...more

Court says immigration status does not influence workers’ compensation eligibility

Illinois workers’ compensation law is designed to help all workers who are injured or become ill on the job, regardless of immigration status. Each employer in the state is required to carry appropriate compensation...more

Your Privacy and Medical Authorization Releases

Some third-party administrators of Nevada workers’ compensation claims routinely send injured workers their own medical release forms which give the adjuster authorization to request any and all medical records from any...more

Workers' Comp. Alert: Going And Coming Rule Again Narrowed

The California Court of Appeal addressed the scope of the Going And Coming Rule in its decision, Craig Schultz v. WCAB and Joint Test Tactics and Training (JT3), 2015 S.O.S. 99, January 6, 2015....more

New OSHA Reporting Requirements Now In Effect

As 2015 begins, the Occupational Safety and Health Administration (OSHA) is sharpening its emphasis on inspecting and citing employers who violate its recordkeeping standard. This takes on greater importance because of the...more

Federal Workers’ Compensation

I do not practice federal workers’ compensation law, but recently met an excellent attorney at a national work comp conference who does handle these cases. As he explains in his guest post below, while you may live in...more

Maine Workers' Compensation Alert: Supreme Court Upholds Hearing Officer's Decision to Suspend Workers' Compensation Benefits to...

In Johnson v. Home Depot USA, Inc., 2014 ME 140 (December 11, 2014), the Law Court held that deference will be afforded to Workers' Compensation Board Hearing Officers to fashion appropriate remedies in unique...more

OSHA Regulations on Reporting Fatalities and Serious Injuries in Nevada

New OSHA regulations go into effect the first of this year that increase the reporting requirements for employers of more than 10 employees of work-related serious injuries. The December 22, 2014 article in theLas Vegas ...more

OSHA Ups the Ante: Changes to Your Injury Reporting Obligations in 2015

The Occupational Safety and Hazard Administration ("OSHA") is the federal agency within the Department of Labor that is tasked with reducing workplace hazards and implementing worker health and safety protections. To that...more

Seeking workers’ compensation in Illinois for mental health conditions

Not all employment-related injuries are physical. Stress, violence and other workplace traumas can cause mental health conditions that may render an employee unable to work. Although these injuries may not be as obvious as a...more

Chiropractors in Nevada Rule the Rating List for PPD Exams

The Division of Industrial Relations (DIR) is the Nevada sub-agency responsible for maintaining a list of doctors authorized to perform impairment evaluations, also known as ratings, on injured workers with Nevada workers’...more

Illinois worker still eligible for workers’ compensation after fired for theft

Disabling accidents are tragically common among warehouse workers in Illinois. According to the Bureau of Labor Statistics, more than 5 percent of full-time warehouse employees suffer a serious workplace injury every year....more

Rating for Sacroiliac Joint- Nevada PPD

I have had rating issues come up in the past on how to rate injuries to the sacroiliac joint, and fortunately I had two experienced rating doctors reason that they should be rated under the DRE categories for a low back...more

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