News & Analysis as of

Workers' Compensation Claim Employer Liability Issues

Littler

Revised Poster Requirement in Massachusetts Starting September 16, 2024

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The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024....more

Chartwell Law

The Chartwell Chronicles: New Jersey Attorney Fees

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In Episode 31 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss the new law in New Jersey relating to workers' compensation attorney fees. Please make sure to like and subscribe to The Chartwell...more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

Marshall Dennehey on

Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Chartwell Law

Revised Massachusetts Workers' Compensation Notice to Employees Poster

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The Massachusetts Department of Industrial Accidents has revised the Notice to Employees poster, and all employers are required to utilize and repost the updated version by September 16, 2024. Complying with this new...more

Woodruff Sawyer

Workers’ Comp: The Fine Line Between Abuse and Fraud

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Workers’ compensation (WC) insurance is designed to protect employees who suffer work-related injuries or illnesses and offer crucial support during times of need. However, there is a darker side to this coverage—the...more

Bricker Graydon LLP

Boost Workplace Safety and Lower Ohio Workers’ Comp Premiums with a Drug-Free Safety Program

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All Ohio employers are required to maintain workers’ compensation insurance coverage for their employees, which can be a significant business expense. ...more

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

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This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Chartwell Law

Implications of Job Growth on Workers’ Compensation Claims

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The U.S. Labor Department reported in May 2024 that 272,000 new jobs were added to the labor force. This significant increase naturally leads to a rise in workers’ compensation premiums due to higher wages and an increase in...more

Chartwell Law

A Cautionary Tale for Workers’ Comp Insurers and Employers

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What happens when a mistake occurs in a workers’ compensation case? This was the question at the heart of the recent Commonwealth Court decision in Reading Anthracite Co. v. Oxenrider. The case serves as a cautionary reminder...more

Chartwell Law

The Chartwell Chronicles: New Jersey Caselaw Updates

Chartwell Law on

In Episode 28 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss recent a number of New Jersey workers' compensation caselaw updates. Please make sure to like and subscribe to The Chartwell...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] SAY NO TO DRUGS - How recent caselaw provides employers and insurers with a tool to save money now! - July 23rd, 1:00 pm...

Join us for an insightful webinar where we delve into the latest developments in Pennsylvania Workers' Compensation law and discover how recent caselaw can be a powerful tool for employers and insurers to save money. This...more

Woods Rogers

What's the Tea in L&E? Injury or Disability: What's the Difference?

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What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. Warmer weather and frequent outdoor activities often result in increased injuries. In this short video, Woods...more

Woodruff Sawyer

Managing Workers' Comp Costs with a Nurse Triage Program

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When a workplace injury occurs, employers with no medical training often must determine the severity of the injury and direct an employee to appropriate medical care. They may have to make on-the-spot decisions about whether...more

Goldberg Segalla

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability...more

Woodruff Sawyer

How to Stop the WC Litigation Train

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WC insurance was designed to prevent the threat of litigation by removing the employee’s right to sue their employer in exchange for guaranteed compensation for an injury. However, despite the promise of benefits, the WC...more

Dentons

A Win for Iowa Workers’ Compensation Employers and Insurance Companies: Combined Shoulder and Upper Extremity Injuries are Limited...

Dentons on

The debate about shoulders and industrial disability has come to an end for now with the Iowa Supreme Court’s most recent decision, Bridgestone Americas, Inc. v. Anderson. The Court held that a work injury causing injuries to...more

Bricker Graydon LLP

The Turning Tides of Temporary Total Disability Compensation

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This month, the Ohio Supreme Court altered the landscape of more than 25 years of workers’ compensation legal precedent in an employer-friendly decision concerning termination of Temporary Total Disability compensation....more

Chartwell Law

NY Third Appellate Division Decision Precludes Coverage of a Non-Leased Employee Under a PEO

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The Third Department Appellate Division —for the first time—held that an employee was not covered by a Professional Employer Organization (PEO) policy because she was not a leased employee. In Brown v. Buffalo Transportation,...more

Goldberg Segalla

Professional Employer Organizations See Rare Workers’ Compensation Coverage Win at New York Third Department

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Key Takeaways - The New York Third Department for the first time found no coverage on the part of Professional Employer Organizations for a non-leased employee Professional Employer Organizations must continue to provide...more

Chartwell Law

The Chartwell Chronicles: Understanding the Medicals

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In Episode 26 of The Chartwell Chronicles, host Brittany Atkinson is joined by special guest Mark Spivak from our Moorestown, NJ office to discuss the importance of the medicals in New Jersey workers' compensation. Brittany...more

Chartwell Law

Pennsylvania Court Sets Aside “Red Book” Standard for Workers’ Compensation Prescriptions

Chartwell Law on

On January 2, 2024, the Pennsylvania Commonwealth Court ruled to set aside the long-utilized “Red Book” standard for repricing prescription medications in Pennsylvania workers’ compensation claims. The court directed the...more

Stikeman Elliott LLP

New Year, New Obligations in British Columbia to Maintain Employment for (Some) Injured Workers

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On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more

Cranfill Sumner LLP

Workers’ Compensation: Frequently Asked Questions from Non-Insured Employers

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Workers’ compensation insurance coverage is required for all employers in North Carolina with limited exceptions.  If the State of North Carolina discovers that an employer does not have workers’ compensation insurance...more

Ervin Cohen & Jessup LLP

Some, But Not All, California COVID-19 Laws Will Sunset at the End of 2023

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California’s COVID-19 notice requirements under California Labor Code § 6409.6, requiring employer notice to employees of COVID-19 exposures in the workplace, will expire at the end of 2023....more

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