Workplace Injury

News & Analysis as of

Corporate Manslaughter Charge Following Death of Apprentice

On 14 July 2015 Huntley Mount Engineering ("the Company") was fined £150,000 after pleading guilty to corporate manslaughter following the death of a 16 year old, Cameron Minshull. He was employed as an apprentice, through a...more

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

Commonwealth Court Expands the Scope of Good Samaritan Amendment to the Workers’ Compensation Act

In 2003, the Pennsylvania General Assembly amended Section 601 of the Workers’ Compensation Act to expand the definition of the word “employee” to include employees who, while in the course and scope of their employment,...more

Do Contract Workers Qualify for Workers’ Comp Claims?

American workers increasingly labor away in an independent contractor environment. Much controversy surrounds this, largely due to often-diminished compensation and the union-busting nature of how it is implemented. In San...more

Getting benefits after you win your case

I have a lot of information on my website, blog posts, and Youtube videos for those injured workers in Nevada who want to represent themselves at hearings.  But it appears that I haven’t addressed an important topic for those...more

OSHA Seeks to Extend Deadline for Citations Against Employers for Recordkeeping Violations

Once the Occupational Safety and Health Administration opens an investigation of an employer, it has six months to complete the investigation and issue citations. In 2012, the D.C. Circuit Court of Appeals determined that...more

Where Does an Airline Employee File a Workers’ Comp Claim if an Injury Occurred While Traveling?

Turbulence in flight might make passengers nervous. But for flight attendants, it can be the cause of serious injury that may ground them for months or years, sometimes ending their careers. A survey of accidents by...more

OSHA Proposes Rule Clarifying Record Retention Requirements for Injury and Illness Logs

One of the questions often asked by employers is “how long do I have to keep a given record?” Record retention requirements vary from law to law and many companies struggle with the question of how long to keep certain...more

OSHA Updates National Emphasis Program on Amputations

On August 13, 2015, OSHA announced its updated National Emphasis Program (NEP) for Amputations will now include all industries that contain machinery or equipment which may cause amputations. Under the new National Emphasis...more

When Are Work Injuries Sufficient to Qualify for Workers’ Compensation?

In Illinois, there is some uncertainty for the future of workers’ compensation claims due to efforts by the new governor to toughen requirements for workers to prove they are eligible for benefits. The state legislature is...more

Health Alert (Australia) - August 17, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: New South Wales (NSW) 13 August 2015 - Waller v James [2015] NSWCA 232 The NSW...more

The Quirks of Mid-Atlantic State OSHA Plans: North Carolina

While a “State-OSHA Plan” must at least meet Fed-OSHA standards, these plans often develop their own additional requirements and have widely varying enforcement and appeal processes. When Federal OSHA adopts a new regulation,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2015

EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Two superintendents fined for OHSA violations in scissor lift fatality

Two superintendents have been found guilty of offences under Ontario’s Occupational Health and Safety Act and fined $4,000 each after a worker died when a scissor lift was knocked over by a garage door. The accident...more

Appellate Court Notes

Appellate Court Advance Release Opinions: - AC35173 - State v. Mosback - AC36907 - Rodriguez v. Commissioner of Correction - AC36499 - Zilkha v. Zilkha After a judgment of dissolution, the plaintiff...more

First Formal Bullying Finding Highlights Scope of Potential Orders

The Fair Work Commission has handed down the first formal bullying decision since its anti-bullying jurisdiction commenced in January 2014. Factual background: The recent decision of C.F. [2015] FWC 5272 (5...more

Louisiana Federal Court Rejects Expert Testimony Tying Gasoline to AML

Underscoring the importance of the distinction between a product and its component parts, a federal court in Louisiana refused to allow expert testimony that exposure to gasoline caused acute myeloid leukemia (“AML”) in a...more

Lump Sum PPD Awards Not RIght in Nevada

Question: Why is the PPD lump sum so much less than the total installment amount? Answer: An injured worker may take up to a 25% whole person permanent partial disability award in a lump sum reduced to present value...more

OSHA Proposes New Rules to “Clarify” Recordkeeping Obligations

On July 29, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a proposed rule to “clarify” employers’ recordkeeping obligations under 29 C.F.R. Part 1904. Comments are due by September...more

OSHA Seeks Work-a-Round to Issuing Citations for Recordkeeping Violations More Than Six Months Old

OSHA, through a rulemaking, is seeking to build a work-a-round to a D.C. Circuit Court of Appeals opinion on issuing citations for recordkeeping violations that are more than six months old. 80 Fed. Reg. 45116 (July 29,...more

Defective seat belt air bag on airplane causes death of worker

Working in and around airplanes can be a dangerous occupation. Some of the most common hazards include head injuries, crushing injuries, serious musculoskeletal damage and exposure to infectious diseases. In a recent case, an...more

Cal/OSHA District Offices Taking Expansive View of Injury/Illness Reporting Requirements

As many employers know, California frequently does things a little differently than other jurisdictions. Cal/OSHA is no exception....more

Queensland Workers' Compensation Bill Will Remove the Current Impairment Threshold for Injured Workers

If passed by the Queensland Parliament, the Workers' Compensation Amendment Bill 2015 (QLD) (Bill) will remove the previous Liberal National Party Government's limitations on an injured worker's entitlement to commence a...more

2015 Changes to Nevada Police/Firefighter Heart and Lung Laws

The 2015 legislative session made a major change in SB 153 to the heart and lung statutes regarding the application of a conclusive presumption of compensability. A conclusive presumption means that the ill police officer or...more

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