Workplace Injury

News & Analysis as of

2014 NC Case Law Update

Below is a summary of significant 2014 Workers Compensation cases decided by the Courts, along with “practice tips” for addressing these issues. Covered topics include: Medical Causation, notice defenses, subsequent...more

Social media increasingly used in workers’ compensation cases

Social media has become an important part of modern life. According to the New York Times, Americans spend an average of three hours per day on social media sites. These sites can build communities, reunite old friends and...more

Employee or Independent Contractor: That is the Question!

To be entitled to workers’ compensation benefits, the injured worker must be an employee. An independent contractor is not entitled to benefits. The fact that an employer may designate a worker as an “independent contractor”...more

Paralysis and workers’ compensation

Each workplace injury presents its own set of challenges. Some of these injuries, however, present far greater challenges than others and paralysis falls into that category. State law in Illinois provides financial...more

OSHA Expands Reporting and Recordkeeping Requirements

Effective January 1, 2015, the revised Occupational Safety & Health Administration recordkeeping and reporting rules will go into effect, expanding injury reporting requirements and imposing recordkeeping requirements on...more

Can I seek workers’ compensation for an injury that did not happen in Illinois?

As companies in Illinois become less localized than they once were, expanding their operations and client relationships beyond state and even national borders, workers’ compensation claims take on an added dimension of...more

Hospitals can be risky places to work

The notion that it could be more dangerous to work in a hospital than to work on a construction site might sound absurd. Hospitals exist in order to counteract the effects of injury and disease, so the fact that they are a...more

5 tips that can increase approval for workers’ compensation

State law in Illinois protects workers from the high financial burden associated with sustaining an injury during the course of employment. Through the Illinois Workers’ Compensation and Occupational Diseases Act, injured...more

NC Industrial Commission Forms: Frequent Forms and When to File

North Carolina is what some people refer to as a “Form Intense” state. We’ve got forms for everything it seems. It’s easy to get confused. And the Commission sometimes doesn’t forgive; instead they fine and sanction you! So...more

How to Assert the Misrepresentation Defense to NC Workers’ Compensation Claims

The North Carolina Workers’ Compensation Act now allows an employer to plead an affirmative “Misrepresentation Defense” when an employee intentionally misrepresents his/her physical condition when entering into the employment...more

Increase Your Chances for Success: Preparing Your Form 24 Application

Whether to file a Form 24 Application is a decision based on the specific facts of each case. Once the decision is made to file a Form 24 Application, it is vital to properly prepare the Form 24 Application to ensure the...more

What is the Illinois Public Employee Disability Act?

The Illinois Public Employee Disability Act was passed in 1997 to protect public employees who face dangerous conditions in the line of duty. According to the U.S. Bureau of Labor Statistics, 5.6 out of 100 public employees...more

Additional Risk: Does Your Company Have Additional Insured Coverage for Claims by Contractors’ Employees?

One of the biggest risks oil and gas companies face is a blowout or other catastrophic event that causes serious injury or death. In the aftermath of such an event, companies often find themselves facing lawsuits by injured...more

When is Filing a Form 24 Application Proper?

In North Carolina, if defendants are paying TTD benefits and have not timely and properly denied the compensability of the injured employee’s claim on a Form 61, or if the injured employee has not voluntarily returned to...more

When an Employee Falls Off a Ladder at Work, is His Absence Covered by FMLA? An Employer's Misstep Discussed...

Note to self: When one of my employees: -falls off a ladder at work, is taken to urgent care by the company’s HR Director, asks whether the FMLA would apply to his absence, then, as a result of his doctor’s orders,...more

Don’t Forget That 12 Weeks Really Doesn’t Mean 12 Weeks

I frequently receive calls from clients involving an employee who is about to use up all of his available medical leave (FMLA or otherwise), but who has little chance of returning to work anytime soon. Many times, the...more

Tension Between Form 21 Hearings and the Mediation Statute

At the last business meeting, the Workers’ Compensation Commission grappled with tension between the requirement to hold a hearing within 60 days on an Employer’s Request for Hearing and the requirement that cases alleging...more

Compensation Benefits- How Much Should You Get?

One of the most common questions we get is how much workers’ comp benefits am I supposed to be getting each week. The rule of thumb is that you’re supposed to get 2/3’s of your average weekly wage (AWW). Your average weekly...more

Nurse Case Managers

Sometimes insurance companies hire nurses to help manage the medical side of your case. These nurses can either attend your appointments or be remote and not attend your appointments. The reason the insurance companies give...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

Hurt At Work Without An Accident

A lot of times, people are hurt at work but didn’t have an accident. They know they’re hurting because of work but their employer and the workers’ comp adjuster tell them that they can’t get benefits. Sometimes this is...more

Regulatory Risk Update: Tougher penalties for corporate manslaughter and health and safety offences proposed

On 13 November 2014, the Sentencing Council opened its 14 week public consultation on draft guidelines for corporate manslaughter and health and safety offences. If implemented, the guidelines will mean that large...more

Taking A New Job

As with almost everything related to the law, an answer to a general question like this really depends on what’s going on in your case. Maybe you should. Maybe you shouldn’t. What we’re going to do here is talk about some...more

What Do I Do If I've Been Overpaid Unemployment Benefits?

A lot of times in workers’ comp cases, someone is out of work because of their work injury but are not getting workers’ comp disability compensation, either because the case has been denied or because the insurance company...more

Mine Fatalities: Causes, Prevention, and MSHA Enforcement

A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014. Coal Mines - - Four underground employees on foot were crushed by equipment in operation. - Two...more

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