Workplace Injury

News & Analysis as of

What Is An Idiopathic Injury?

There are a lot of work place injuries that happen in North Carolina for reasons no one can explain, even the person who got hurt. Most of the time, these injuries happen when someone passes out, falls, and hurt themselves or...more

Ohio Supreme Court Rules On Applicability of Dual Intent Doctrine When Determining Eligibility For Workers’ Compensation Benefits

On October 21, 2014, the Supreme Court of Ohio in Friebel v. Visiting Nurse Assn. of Mid-Ohio addressed whether the doctrine of dual intent or dual purpose is applicable when determining eligibility for workers’ compensation...more

Workers' Compensation and Truck Drivers: back injuries

Your back hurts, you’ve got pain down your legs, and the workers' compensation adjuster is telling you that you didn’t have an accident. If you are like most people you think of an “accident” as a “slip, trip, or fall.” For...more

Workers' Compensation and Truck Drivers: Independent contracts and employees

Ordinarily only employers with three or more employees are required to carry workers’ compensation insurance. Independent contractors are not covered by the workers' compensation laws. However in an exception carved out just...more

Violation of OSHA Standards Now More Costly in Wisconsin

Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of...more

Road workers and the risks they face in Illinois

The elevated risk of work zone accidents to road workers, relative to many professionals laboring in different fields, may be intuitive. These workers labor in road construction work zones, which are located in unavoidably...more

Nevada Insurers Often Wrong About Pre-existing Conditions

Any injured worker over the age of 30 with a serious work injury is likely to find some reference in his or her medical records to degeneration of the body part being examined. Degenerative disc disease, for example, is...more

How do I file for workers’ compensation in Illinois?

For Illinois workers, incurring a workplace injury can be a traumatic experience. On top of worrying over possible long-term effects on health and impairments to the ability to make a living, the anxiety over how to respond...more

OSHA Expands Employers' Reporting Requirements for Work-Related Injuries and Fatalities

On Sept. 11, 2014, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced revisions to its rule that requires employers to notify OSHA when employees suffer a work-related...more

Does asbestosis qualify under the Illinois Workers’ Occupational Diseases Act?

Asbestosis is covered under the Illinois Workers’ Compensation and Occupational Diseases Act. In other words, Illinois workers who develop this condition as a consequence of employment are entitled to benefits under state...more

U.S. District Court Judge Bars Plaintiff’s Individual Disability Claims in Their Entirety by Application of the Doctrine of...

In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a judge adopted the Report and Recommendation of her magistrate judge and granted an individual disability insurer summary judgment on its...more

Insurance Recovery Law -- Oct 2014

Lack of Direct Contractual Relationship Doesn’t Doom Coverage - Why it matters: The companies involved in a workplace accident are additional insureds pursuant to a sub-subcontractor’s policy and the insurer...more

Filing a claim after a workplace injury occurs

An employee may be eligible for workers' compensation after a work-related accident but must first file a claim. Under the Alabama workers' compensation law, a worker can file a claim by notifying an employer of an injury or...more

Third Party Cases and Right to Lien

3rd Party Cases - In New York, to use one example, you have the right to file a lawsuit against a third party if that party might be responsible for your injuries. These cases can result in verdicts that reach into the...more

Workers' Compensation: Advantages of Self-Insurance

Employers in Pennsylvania can often benefit from self-insuring their workers' compensation plan, rather than simply opting for carrier based coverage year after year. The advantages of self-insurance include the following...more

OSHA Issues Final Rules On Reporting Injuries In The Workplace

OSHA recently passed new rules requiring employers to notify OSHA of a fatality within eight (8) hours of the death. The new rules also require employers to file a report with OSHA for each in-patient hospitalization of an...more

When a Win is Not a Win- Stay Orders

If an injured worker in Nevada successfully convinces a hearing officer to reverse an adjuster's action on a claim, the insurer and/or the employer has the right to file an appeal to an appeals officer. The insurer or...more

Nevada Fire Fighters Have Special Work Comp Laws

Special Work Comp Laws Applicable to Fire Fighters - A. Contagious diseases - Exposure to contagious diseases while providing medical care at work is considered an injury by accident. NRS 616A.265 (2); testing...more

Dr. Pirruccello Explains How to Rate Spinal Injuries

Virginia : The primary purpose of my blog posts is to inform Nevada's injured workers about the law and the claims process. However, I occasionally like to offer my readers from the workers' compensation industry a more...more

What types of workers’ compensation are there in Illinois?

According to records kept by the U.S. Bureau of Labor Statistics, 905,700 American workers had to miss one or more days of work in 2012 because of a job-related injury. Injured workers in Illinois have the right to collect...more

Wisconsin Supreme Court 2013-2014 Term Summary Part 3: Recap of Cases Affecting Wisconsin Businesses

This post is the third in a series of posts analyzing the 2013-14 term of the Wisconsin Supreme Court. This post provides in a nutshell what businesses need to know about the cases from last year’s term of the...more

Time Crunch: OSHA Shortens Reporting Deadlines for Workplace Injuries

The Occupational Safety and Health Administration (“OSHA”) has announced a final rule that significantly alters employers’ obligations for reporting workplace injuries to the agency. Under the new rule, employers must notify...more

OSHA Expands Injury Reporting Obligations

Depending upon the nature of your business, it is likely subject to many different, and sometimes overlapping, federal, state and even local regulatory programs. If you are regulated by the “alphabet soup” of acronym-laden...more

Recent Changes to California Laws - the Healthcare Perspective

Workers’ Compensation Insurance for Professional Athletes - AB 1309; Labor Code §3600.5 - The efforts made by professional athletes seeking workers’ compensation benefits for injuries that they sustained on the...more

OSHA significantly changes reporting rules for injury and illness

On September 18, 2014, the Occupational Safety and Health Administration ("OSHA") published a Final Rule relating to injury and illness reporting, that includes significant changes to the reporting requirements. The revisions...more

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