News & Analysis as of

Wrongful Death Employer Liability Issues Workplace Safety

Seyfarth Shaw LLP

OSHA Reports 5,486 Occupational Fatalities in 2022, with Disproportionate Fatality Increases for African-American and Hispanic...

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Seyfarth Synopsis: The Bureau of Labor statistics addresses the rise in worker deaths in 2022, and expected data for 2023....more

Ius Laboris

Site supervisor found guilty of criminal negligence causing death

Ius Laboris on

Michael Henderson, a young worker employed by Springhill Construction Ltd. died while working at a wastewater treatment and pumping plant in Fredericton, New Brunswick, in 2018.  The City of Fredericton contracted with...more

Robinson+Cole Construction Law Zone

Another Law Will Increase Construction Costs in New York

New York recently enacted legislation known as Carlos’ Law, which increases penalties for corporate liability for the death of, or serious injury to, an employee.  The bill, S.621B / A.4947B, was named after Carlos Moncayo, a...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more

Littler

New York State Poised to Significantly Increase Fines for Workplace Injuries and Deaths

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On December 12, 2022, the New York State Legislature passed a workplace safety bill known as “Carlos’ Law.” This bill, originally introduced in 2017 and named for an individual who died on a construction worksite in 2015,...more

Fisher Phillips

PEO Pointers: The California Supreme Court Greenlights “Gamechanger” Trial of COVID-19 Negligence Claims

Fisher Phillips on

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. The California...more

Cranfill Sumner LLP

Death Claim Series - To Whom are the Benefits Owed?

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Over the last several weeks, I have been releasing a series of articles on North Carolina Workers’ Compensation Death Claims. This series addresses the following five over-arching issues...more

Sherman & Howard L.L.C.

COVID-19 Workplace Liability May Include Workers’ Comp. and Torts

A recent California appellate court decision provides insight into the surprising reach of employers’ liability with respect to employee COVID-19 infections. In See’s Candies, Inc. v. Superior Ct. of Cal., 73 Cal.App.5th...more

ArentFox Schiff

California Court Rules Employer Must Face Lawsuit Over COVID Death of Employee's Spouse

ArentFox Schiff on

A California appellate court has ruled that a wrongful death action filed by an employee and her children arising from the death of the employee's spouse from COVID-19 after she allegedly contracted the virus at work and...more

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

Fisher Phillips on

A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

Cranfill Sumner LLP

Death Claim Series – Whether the Accident or Occupational Disease Caused the Resulting Death.

Cranfill Sumner LLP on

Over the next several weeks I will be releasing a series of articles on North Carolina Workers’ Compensation Death Claims.  The articles will address the following five over-arching issues...more

Fisher Phillips

Pending California Case Could Upend Workers’ Compensation “Exclusive Remedy” for COVID-19 Claims

Fisher Phillips on

One silver lining for employers during the pandemic has been the reality that they shouldn’t fear any potential tort liability for COVID-19 cases stemming from the workplace – or should they? Most employers (and attorneys and...more

Parker Poe Adams & Bernstein LLP

New COVID-19 Lawsuits Allege Duty of Care to Employees' Household Members

A new wave of lawsuits is attempting to impose legal liability on companies whose alleged negligence resulted in an employee becoming infected with the COVID-19 virus and then passing the illness to a household member who...more

Rumberger | Kirk

Intersection Between COVID-19 and Worker's Compensation Immunity: Are Employers at Risk of Civil Litigation?

Rumberger | Kirk on

Florida employers may be at risk of civil litigation if employees successfully circumvent the workers’ compensation scheme for COVID-19 related injury or death during the course and scope of their employment.  In fact,...more

Akerman LLP - HR Defense

COVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure

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The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 22, August 2020

COVID-19 and Unprecedented: Litigation Insights, Issue 22 In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more

Cozen O'Connor

Employers Should Prepare for Wave of COVID-Related Wrongful Death Lawsuits

Cozen O'Connor on

The latest projections estimate that nearly 300,000 Americans will die from COVID-19 by the end of 2020. Many of those individuals will be employed when they contract the virus, and a significant number will be workers in...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) - The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers....more

Fisher Phillips

Employers Face Increase In COVID-19 Wrongful Death Lawsuits

Fisher Phillips on

As COVID-19 cases and deaths continue to rise, so too does the number of lawsuits filed against employers. Recently, an increasing number of families of employees who died from COVID-19 have asserted wrongful death actions...more

Womble Bond Dickinson

An Invisible Shield: States Begin Enacting COVID-19 Liability Protections

Womble Bond Dickinson on

Although top officials in the U.S. Senate have insisted that liability protections are a top priority for future COVID-19 relief legislation from the federal government, the current onus remains on the states to limit...more

Jones Day

Australian High Court: Compulsory Examination of Employee not Tantamount to Compulsion of Corporate Accused

Jones Day on

The Situation: In 2016, a helicopter pilot died after he fell into a hidden ice crevasse in Antarctica. At the Coronial inquest, the coroner issued a subpoena requiring the chief pilot of the helicopter company to give...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 8

This eighth edition of Unprecedented, our weekly update on COVID-19-related litigation, follows what we hope was a restful and meaningful Memorial Day weekend. For the third week in a row, shutdown challenges, workers'...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 7

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

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