Workplace Injury

News & Analysis as of

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

Temporary workers at higher risk for injury

Temporary workers are an important part of many industries in America. This sort of work can be valuable for employees and families in financial need, but an Illinois workers’ comp attorney is also aware that it can bring a...more

Can I be fired for collecting workers’ compensation?

Illinois workers have the right to collect workers’ compensation when they sustain an injury out of and in the course of employment. The Illinois Workers’ Compensation and Occupational Diseases Act gives them this right. When...more

Job-related injury, death statistics

The Bureau of Labor Statistics reports that 3 million cases of workplace injuries and illnesses occur in the private sector every year. Although this figure is less than half of the 6.6 million reported 20 years ago, many...more

Health Care Employers’ Safety Records Will Soon Become Publicly Available

On November 8, 2013, the Occupational Safety and Health Administration (“OSHA”) published a proposed rule titled “Improve Tracking of Workplace Injuries and Illnesses” (“Proposed Rule”). Under the Proposed Rule, employers...more

When previous work injury flares up

Sustaining an injury in the workplace can be a trying experience for Illinois workers. Beyond the pain and fear associated with traumatic events, navigating the workers’ compensation process can also be a challenge. As any...more

NC OSHA Posts Online Reporting Form for Workplace Hospitalizations

As reported in EmployNews, last year the federal Occupational Safety and Health Administration adopted new rules requiring employers to report within 24 hours every in-patient hospitalization resulting from a work-related...more

Bureau of Labor Statistics: Over 3 million workplace injuries in the U.S.

Injuries on the job are a danger to Illinois workers in all professions. According to the U.S. Bureau of Labor Statistics, more than 3 million American employees in private industry are injured in the workplace every year....more

“Flagrant disregard” of OHSA, failure to report, gets construction company convicted on 5 OHSA charges

A construction company that tried to blame a worker’s fall on his untied boots, has been found guilty of all 5 charges against it under Saskatchewan’s The Occupational Health and Safety Act. The 18-year-old worker, who had...more

2015 Cost of Nevada PPD Exam

Effective 2/1/15 through 1/31/16, the cost of a permanent partial disability evaluation on a Nevada workers’ compensation claim is $754.62. That is for two body parts. The cervical spine is considered one body part, the...more

The Cost of Health Care Isn’t the Price of Health Care

It’s common to use the term “cost of health care” to mean the price of health care. But there is a difference—often a huge difference....more

Public reporting of workplace injuries

Alabama residents may know that employers are obligated to maintain records on illnesses or injuries that employees suffer on the job. At this time, the company retains this information, and no public record is made...more

OHSA charges were adequately particularized, court finds: disclosure showed violations Crown intended to prove

A judge has rejected an employer’s argument that Occupational Health and Safety Act charges against it were unclear and that the Crown was required to provide further “particulars” of the charges so the employer could defend...more

What kinds of medical records do I need for my workers’ compensation claim?

Medical records represent an important part of the process of obtaining workers’ compensation in Illinois. Workers’ compensation is an entitlement to benefits, owed by the employer, when a worker is injured out of and in the...more

San Quentin Correctional Officer Could Proceed With Civil Claim For Injury Suffered While On Prison Premises

Monnie Wright was a correctional officer at San Quentin State Prison who lived on the premises of the prison in a unit he rented from the State of California. Wright was injured when he fell in the course of his walk from his...more

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