News & Analysis as of

Workplace Injury Exclusive Remedy

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Supreme Court Limits Tort Claims Related to Conduct Following Worker’s Compensation Injury

On May 20, 2021, the Wisconsin Supreme Court limited the tort claims an employee may bring based on alleged conduct that occurred between injuries covered under the state’s workers’ compensation law. The opinion in Graef v....more

Weber Gallagher Simpson Stapleton Fires &...

Workers' Compensation Academy: Exclusivity Provisions of the PA Workers’ Compensation Act

Will COVID-19 end the exclusive remedy provision in the Pennsylvania Workers' Compensation Act? Workers' Compensation partners, Christian (Chris) A. Davis and Sherri L. Dougherty explore how COVID-19 exposure in the workplace...more

Pierce Atwood LLP

The Intersection of Workers’ Compensation Immunity and Contractual Indemnity

Pierce Atwood LLP on

The workers’ compensation statute in many states provides that the workers’ compensation benefits received by an injured employee is the employee’s exclusive remedy. The benefits are paid based on a no-fault basis and the...more

Fisher Phillips

Could A Mistake by Your Company Nurse Lead to Civil Liability in North Carolina?

Fisher Phillips on

Employers have long operated under the premise that the North Carolina Workers’ Compensation Act provides the exclusive remedy for workers injured on the job. Indeed, section 97.-10.1 of the North Carolina Workers’...more

Hinshaw & Culbertson LLP

Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive...

In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort....more

Ruder Ware

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Stoel Rives - World of Employment

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida’s Workers’ Comp System Goes Back to the Future . . . at the Expense of Your Premiums

On April 16, 2016, the Florida Supreme Court will hear another in a long line of cases brought by plaintiffs’ lawyers trying to turn the clock back on Florida’s Workers’ Compensation Law. Before 2003, employers in Florida had...more

Carlton Fields

Florida Supreme Court Thwarts Attempt to Circumvent “Exclusive Remedy” Provision

Carlton Fields on

Most states limit a worker’s remedies for work-related injuries to a workers’ compensation claim against the employer. Such "exclusive remedy" provisions codify a longstanding compromise whereby employers trade liability,...more

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