Workplace Injury

News & Analysis as of

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

Employers’ Safety Records Will Soon Be a Click Away

Employers should be aware of a proposed OSHA recordkeeping rule that is expected to be issued as a final rule this year. The proposed rule requires employers to electronically report to OSHA data on serious workplace injuries...more

Seeking workers’ compensation in Illinois for deafness

Hearing loss on the job is a serious problem for millions of American workers. Illinois workplace accident attorneys can name many industries where noise exposure is a major health hazard. A number of businesses have begun...more

Choose Your Doctor Legislation: Need Testimony and Letters

Nevada injured workers can do something about the current law that limits their choice of treating doctors to those on their industrial insurers’ provider lists. The Nevada Chiropractic Association has sponsored a bill, AB...more

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

California Employment Law Notes - March 2015

Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated - Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015). Avery Richey worked for Power Toyota Cerritos,...more

High court rules immigration status does not affect workers’ compensation eligibility

According to the U.S. Department of Homeland Security, more than 11 million foreign-born workers in America are undocumented or have irregular immigration status. All Illinois employees have a legal right to workers’...more

Help! Prevent Terrible Changes to Work Comp

The Nevada legislature meets only every other year, and this year doesn’t look good for the changes that could gut benefits for Nevada’s injured workers. The amendment so many of us committed work comp attorneys hoped would...more

NC Court of Appeals Sets New Precedent for Employers

Yesterday, in a precedent setting opinion, Gonzalez v. Tidy Maids, Inc. et al., the North Carolina Court of Appeals held that when an employer has accepted a claim for benefits by filing a Form 63 and fails to contest the...more

Illinois worker still eligible for workers’ compensation after fired for theft

Disabling accidents are tragically common among warehouse workers in Illinois. According to the Bureau of Labor Statistics, more than 5 percent of full-time warehouse employees suffer a serious workplace injury every year....more

Constructor made mistake of law, not fact: convicted of OHSA charge

A constructor that argued the “mistake of fact” due diligence defence was instead found to have made a “mistake of law” and was convicted of a charge under the Occupational Health and Safety Act....more

OSHA Issues Controversial Procedures to Deal with New Reporting Requirements

As most employers are aware, OSHA’s new reporting requirements took effect January 1, 2015. Now, OSHA must be notified anytime there is a workplace fatality, an in-patient hospitalization, an amputation, or an eye loss. These...more

Texas Supreme Court weekly orders (2/15)

No. 13-0484, American Star Energy & Minerals Corp. v. Stowers -- This case involves the statute of limitations for a claim that individual partners must satisfy an unpaid contract debt of the partnership. ...more

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