Workplace Injury

News & Analysis as of

A Change in Direction for Change in Condition?

On January 20, 2016, the South Carolina Court of Appeals handed down its opinion in Russell v. Wal-Mart Stores, Inc., 2016 WL 231216, and held that claimant is not required to prove a change of condition by objective...more

A first for Alberta – Employer sentenced to corporate probation and community service for violating the Occupational Health and...

In a unique decision, an Alberta employer, Needoba Construction Ltd., which pleaded guilty to the general charge of failing to ensure, as far as it is reasonably practicable to do so, the health and safety of a worker, has...more

Important Updates to OSHA’s Reporting Requirements and Penalties for Violations

There has been a recent flurry of activity in the employment law arena—including several proposed changes to employers’ reporting requirements for workplace injuries, as well as increased penalties imposed by the Occupational...more

Courts Expand A Worker’s Right To Compensation

Illinois courts expect to make many important rulings about worker’s compensation in early 2016. The decisions put out by the courts come just a year after a long, highly political debate about workers compensation laws....more

Do Work Related Injuries Have an Impact on Future Earnings?

A recent study published in the American Journal of Industrial Medicine, “Economic Consequences of Workplace Injuries in the United States: Findings from the National Longitudinal Survey of Youth focused on the long term...more

OSHA Is Ready for the February 1 Recordkeeping Deadline... Are You?

The deadline for OSHA’s recordkeeping requirement mandating that all covered employers post a summary (300A Summary) of its prior year’s work-related injuries and illnesses is February 1. Per the mandate, this summary must be...more

10 Most Common Workplace Injuries

According to the Occupational Safety and Health Administration, the number of work related fatalities has declined by more than 65 percent in the last few decades, and work related and illnesses have declined by an impressive...more

When the Middleman Gets Involved with Workers Comp

Throughout the past decade, an alarming 33 states across the nation have passed laws that either reduce workers compensation benefits, make it more challenging for injured workers to obtain adequate medical care, or create...more

When an independent contractor can file a workers’ compensation claim

Independent contractors have a great deal of freedom in how they perform their jobs, and for whom they will work for. Yet, these freedoms come at a high price. For a some people, it means they can’t file workers’ compensation...more

New Year Means New Rate

It is a new year, and with that comes a new maximum compensation rate for workers’ compensation claimants in South Carolina. The new maximum weekly compensation rate for accidents occurring on or after January 1, 2016 is...more

Workers Compensation Changes. Are There More to Come?

In recent months, workers compensation laws have been a hot topic with Illinois lawmakers. Reform to the laws that protect employees injured on the job, and the reason for them are controversial, and it’s likely that more...more

Ontario OHSA convictions, fines inch up in 2014/15, MOL field visits at 11-year low

While the number of field visits conducted by Ontario Ministry of Labour inspectors continued to decline in 2014/15, the number of convictions increased slightly, the Ontario Ministry of Labour’s “Occupational Health & Safety...more

The DBA's Exclusive Workers Compensation Scheme for Overseas Government Contractor Personnel

Understanding the preemptive role of the Defense Base Act (‘‘DBA’’) is crucial for any federal government contractor performing overseas work for the US military or federal departments or agencies. The DBA creates an...more

OSHA's Delay in Launching Its Web Portal Raises Concerns for the Proposed Recordkeeping Rule

At the start of 2015, the Occupational Safety and Health Administration (OSHA) made several changes to its regulations requiring employers to report certain work-related injuries and illnesses. Under the previous rule,...more

Health Alert (Australia) - January 18, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgments: New South Wales 14 January 2016 - Health Care Complaints Commission v Athour [2016] NSWCATOD 5 The New South Wales...more

Soft-Tissue Damage Caused by Long-Term Repetitive Stress

Soft tissues are among the most vulnerable to long-term injuries that develop slowly and can manifest years after a worker has left a job. Repetitive Stress Injuries (RSI’s) affect millions of Americans who perform the same...more

Summary of judge’s reasons for giving Kazenelson, “unquestionably a person of good character”, a 3 1/2 year jail sentence for...

The judge’s reasons for sending Metron Construction’s project manager, Vadim Kazenelson, to jail for criminal negligence are now available. In our post of January 11th, we reported that the judge had sentenced Mr....more

California Employment Law Notes - January 2016

Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department - Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015) - Jabari Jumaane, an African-American firefighter with the Los...more

Construction Industry Trends to Watch in 2016

We all love new year’s predictions (at least I do). This past week, Construction Drive issued its 10 Construction Industry Trends to Watch in 2016. Some are not terribly surprising, while others might surprise you:...more

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more

Director prosecution and conviction in New South Wales

The NSW work health and safety regulator has brought a successful prosecution against a company director resulting in a criminal conviction and fines against the director and the company. An order was also made requiring the...more

California Court Of Appeal Issues A Utilization Review Determination To Watch

The Fourth Appellate District of the California Court of Appeal issued its determination in a dispute over utilization review in its opinion of January 5, 2016, Kirk King et al. v. CompPartners, Inc. et al, 2016 S. O. S. In...more

Occupational Illnesses Frequently Denied by Insurers

It isn’t always clear what the difference between a work-related illness and an illness that doesn’t originate in work activities but is made worse when the employee must try to work. Even when it is obvious and doctors...more

Workers compensation benefits decrease, disability insurance increases

Over the past few decades, there has been dramatic increase in the number of Social Security disability insurance claims filed. This increase could be linked to the problems workers find when claiming workers compensation...more

“How Long Will They Get Paid?” — Temporary Total Disability Benefits for Injured Workers

A frequent question employers ask is how long an injured employee is eligible for disability benefits after an injury. If an employee is unable to work following an injury, the employee may request temporary total disability...more

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