News & Analysis as of

Workplace Injury

Marshall Dennehey

Waiting on a Workers' Compensation Lien Reimbursement in New Jersey? You May Have to Wait a Little Longer. Section 40 and the...

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Key Points: The New Jersey workers’ compensation statute and applicable case law protects employers’ worker’s compensation lien rights against an injured worker’s third-party recovery....more

Weber Gallagher Simpson Stapleton Fires &...

House Bill 2490 & Implications for Pennsylvania Workers' Compensation Settlements

House Bill 2490 has been introduced and it is best to quote from the sponsoring legislator’s words: [S]ome employers and insurers require claimants to sign side agreements forcing them to resign, preventing them from ever...more

CDF Labor Law LLP

Employment Law Bills Await Governor Newsom’s Signature Or Veto

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It is that time of year again, when California Governor Gavin Newsom considers a number of bills that need to be signed by September 30, 2024, in order to take effect. Several of those bills would impact California employers,...more

Seyfarth Shaw LLP

OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer

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Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer....more

Seyfarth Shaw LLP

Responding to an Accident: OSHA and Legal Liabilities

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A terrible accident has occurred at your worksite.  An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA’s New Severe Injury Report Dashboard Provides Data From 2015 Through 2023

Recently, the Occupational Safety and Health Administration (OSHA) made nearly a decade of serious event reporting data—from January 1, 2015, through December 31, 2023—publicly available for review and study via OSHA’s new...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

FordHarrison

EntertainHR: Twisters Reminds Employers to Be Weather (and Employment Law) Aware

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Twisters was a great summer movie. It had action, the hint of romance, subtle nods to original, questionable science and Glen Powell in a cowboy hat. What more can you ask for?...more

Stark & Stark

Understanding Your Rights: Workers’ Compensation in New Jersey

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Navigating the aftermath of a workplace injury can be overwhelming. However, knowing your rights under the New Jersey’s workers’ compensation laws can provide the clarity and confidence needed to ensure you receive the...more

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

Marshall Dennehey

Superior Court Affirms IAB Decision Enforcing Workers’ Compensation Settlement Agreement and Rejected Claimant’s Attorney’s...

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Webb v. State of Delaware, 2024 WL 2077263 (Del. Super. May 9, 2024) - Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident,...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

Chartwell Law

New Law Raises Workers' Compensation Attorney Fees in New Jersey

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On August 22, 2024, Acting New Jersey Governor Nicholas Scutari signed into law S2822/A3986, a bill that increases the potential counsel fees for petitioner’s attorneys in workers’ compensation cases from 20% to 25% of the...more

Marshall Dennehey

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

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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

Robinson+Cole Construction Law Zone

New York’s Highest Court Weighs in on N.Y. Labor Law

N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...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

Stark & Stark

What Are the Different Kinds of Workers’ Compensation Settlements in New Jersey?

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In New Jersey, your workers’ compensation claim can be settled in one of two ways: an Order Approving Settlement or an Order Approving Settlement with Dismissal....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

Fisher Phillips

New Law Requires Most California Employers to Develop a Workplace Violence Prevention Program: Your 4-Step Compliance Plan

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A new law that took effect last month requires most California employers to develop a workplace violence prevention program, and if you aren’t familiar with your new obligations, now is the perfect time for you to ensure your...more

Goldberg Segalla

Appellate Court's Liberal Ruling on Accident and Causation

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KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not...more

Marshall Dennehey

Delaware Supreme Court Affirms the Decisions of the IAB and Superior Court, Holding That an Employer Correctly Paid for Ketamine...

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Taylor v. State of Delaware, 2024 WL 1209292 (Del. Super. Mar. 21, 2024) - Ms. Taylor injured her right wrist in 2016 while working as a teacher for the State. Her injury eventually developed into complex regional pain...more

Marshall Dennehey

Reporting an Injury via a Petition for Benefits Within 30 Days of the Alleged Accident Does Not Fulfill the Notice Requirement

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Robert Jorden Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., No. 1D2022-4145, Apr. 11, 2024 - The claimant, a senior claims adjuster, worked remotely in Orlando and once a quarter went to...more

Marshall Dennehey

Appellate Division Vacated and Remanded a Trial Court Order Denying Employer’s Application for Satisfaction of Its Workers’...

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N.J. Transit Corp. v. Joseph, No. A-1194-22 (Mar. 19, 2024) - In October 2019, Darshelle Joseph was injured while working for NJ Transit and filed a workers’ compensation case and a third party case against the tortfeasor. In...more

Cozen O'Connor

OSHA Opines When Motor Vehicle Injuries Are Work-Related

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In a recent standard interpretation dated June 12, 2024, OSHA clarified the circumstances when a motor vehicle injury and fatality would be considered work-related. In doing so, OSHA restated the general principle that...more

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