Workplace Injury

News & Analysis as of

No Workers' Comp Immunity! No Insurance! Sure Is a Problem

In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally...more

Not all Alabama job-related injuries are immediately noticeable

Many times, people who have experienced job-related injuries are not even aware that they may have received them while working for an Alabama business. That's because some injuries happen due to a series of constant physical...more

Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more

Maine Workers' Compensation Alert: CMS Guidelines Amended to Accept WCB Settlement Determination of MSA Amount After Hearing on...

The Center for Medicare and Medicaid Services (CMS) update to its Workers' Compensation Medicare Set-Aside (WCMSA) Arrangement Reference Guide provides authority by which CMS will now recognize and defer to a Workers'...more

MOL inspector’s grievance gives glimpse into MOL’s after-hours accident response process

Ministry of Labour managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests. An MOL inspector filed a grievance under his...more

OSHA Issues Supplemental Notice Of Proposed Rulemaking To Improve Reporting And Tracking Of Work-Related Injuries And Illnesses

On August 14, 2014, the Occupational Safety and Health Administration (OSHA) published a Supplemental Notice of Proposed Rulemaking (supplemental notice) that is intended to improve the reporting and tracking of work-related...more

OSHA Issues Policy Background on the Temporary Worker Initiative

On July 15, 2014, the Occupational Safety and Health Administration (“OSHA”) issued a policy memorandum to its Regional Administrators, explaining in greater detail the agency’s Temporary Worker Initiative (“TWI”). The TWI,...more

Ontario employers to bear WSIB costs of injured agency employees

A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them. Bill 18, which passed first reading on July 16, 2014, will amend the Workplace Safety and Insurance Act to...more

Protecting Workers From Heat Stress

The long, hot summer months are upon us...Did you know that an employer’s “duty to provide a safe workplace” under OSHA includes protecting employees from illness caused by heat stress? Heat stroke, heat cramps, heat...more

Employee Fraud in Workers’ Compensation

Thinking about committing fraud is hopefully and most likely the last thing on a claimant’s mind when navigating the frustratingly tricky waters of workers’ compensation in New York. However, even someone with a legitimate...more

The Risks at Roadside Construction Zones

Last winter, a construction worker was laying a pipeline on McGinnis Ferry Road in Alpharetta when his coworker accidently ran over him with a backhoe. The worker’s tragic death highlights the dangers of roadside...more

Workplace toxins – are you a victim?

Every day throughout Illinois, and the rest of the country, workers in nearly every field and in a range of working environments are exposed to toxins, such as chemicals and gases, in the workplace. In some cases, this...more

Post-Traumatic Stress Disorder- Nevada Comp Law

There are two ways a Nevada worker might receive treatment for a post-traumatic stress disorder under a Nevada workers' compensation claim...more

Fatal job-related injuries lead to OSHA investigation

An Alabama man working as a contractor lost his life after suffering from fatal job-related injuries. The man died after a tragic accident that resulted in severe burns on most of his body while he was employed by Ranger...more

Shatto v. Mcleod: The “Specifics” (Or Lack Thereof) In Circumstantial Evidence

The South Carolina Court of Appeals recently had its second go-around with a workers’ compensation claim filed by a nurse anesthetist against a temporary medical staffing agency and against the hospital where that agency...more

Is The Employee Who Injured Me Responsible for My Injuries?

A tort is a civil wrong that causes an individual to suffer harm, loss, or other injury. Generally speaking, the person who commits the tortious act is legally responsible for the victim's injuries. The theory of tort law...more

Older Injured Workers

Older employees in Nevada who have a job accident resulting in an injury, or those who have an occupational illness don't fare very well under our current workers' compensation system. For the majority of injured workers who...more

What To Do About Delays In Getting Medical Care

1. First, know how long the adjuster has to approve or deny your doctor's request. - Your adjuster has 30 days to accept or deny your Nevada work comp claim. Expect only emergency care and clinic visits in the...more

Employee Injured On the Job

As an employee in the San Fernando Valley, you should be aware of your employment-related legal rights. For example, if you were injured on the job or while performing work duties, workers' compensation may be an option for...more

$50,000 fine after trip-over-cord accident shows employers must listen to safety committee recommendations

A nurse’s trip over a cord has landed a hospital a $50,000 fine, where the joint health and safety committee had previously documented cord trips as a known hazard. The nurse was administering medication to a patient. ...more

Court Clarifies Four Employee Rule in S.C. Workers’ Compensation Act

In Leggettee v. Duly, the employer argued the Full Commission incorrectly found the company had four or more employees. Leggette was injured when a co-worker dropped a “thumper” on his right hand, injuring his middle and...more

OSHA Update: A Tale of Two Proposed OSHA Regulations

Back in February, we mentioned that public comments were being accepted on OSHA's proposed rule that would require employers with more than 250 employees to electronically report to OSHA their OSHA 300 (the injury and illness...more

Preparing to appeal a workers’ comp denial

Generally, workers who are injured on the job in Illinois are entitled to benefits, including disability and coverage of required medical treatment, under the Workers’ Compensation Act. There are cases, however, in which an...more

The Timeline Following a Workplace Accident

The workers’ compensation process differs from a civil lawsuit to collect damages for third-party liability or other types of personal injury claims. You and your employer are held to strict procedures and timelines governed...more

Proving eligibility for workers’ comp benefits

Any number of incidents, including falls, auto accidents, machine entanglements and repetitive motion, can contribute to employees in Illinois, and throughout the U.S., suffering a serious injury or illness in the workplace. ...more

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