News & Analysis as of

Wrongful Death Workplace Injury Employer Liability Issues

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Littler

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

Littler on

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: Court Decision Means Employers Could Face COVID-19 Injury and Death Claims for Workplace Exposures

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....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

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

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 17, 2020

This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...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

Stinson LLP

COVID-19 Workplace Illness and Death Claims - Another Concern for Employers as Businesses Resume Operations

Stinson LLP on

Workers' compensation normally provides the exclusive remedy for employee injuries and occupational diseases that arise in the course and scope of employment. When an employee gets hurt at work, the employer doesn't have to...more

Fisher Phillips

North Carolina Essential Businesses Receive Partial Liability Cover During COVID-19 Recovery

Fisher Phillips on

North Carolina employers let out a collective sigh of relief Wednesday – not just because Phase 1 of the state’s reopening will begin on May 8, but also because essential businesses will receive a form of limited business...more

Lowenstein Sandler LLP

As Reported Cases Of COVID-19 Near 750,000, The United States Sees First Employee Lawsuit Filed For COVID-19-Related Death

Lowenstein Sandler LLP on

COVID-19 is at this point ubiquitous, affecting our daily lives in myriad ways. But it has not altered our continuing need to work and generate income. Many of us have reconciled that need by adopting alternative work...more

Fisher Phillips

How To Avoid Wrongful Death And Injury Claims For Workplace COVID-19 Exposure

Fisher Phillips on

Employers are starting to be served with wrongful death and personal injury lawsuits alleging an employee’s exposure to COVID-19 at work should lead to employer liability, despite the general rule that the workers’...more

Littler

Bureau of Labor Statistics Releases Census of Fatal Occupational Injuries Report

Littler on

On December 17, 2019, the Bureau of Labor Statistics (BLS) released its Census of Fatal Occupational Injuries Report for 2018....more

Robinson+Cole Manufacturing Law Blog

2020 Environmental, Health & Safety Outlook for Manufacturers

Welcome to 2020! As always, we at the Manufacturing Law Blog are starting the year with our annual forecasts of hot topics....more

Seyfarth Shaw LLP

OSHA Standard Interpretation Repeats Vague Warnings on Employee Use of Headphones in the Workplace

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more

Seyfarth Shaw LLP

National Census of Fatal Occupational Injuries Released

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Bureau of Labor Statistics (BLS) recently released its annual National Census of Fatal Occupational Injuries (National Census), concluding that the fatal work injury rate in 2018 remained at 3.5...more

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

Oklahoma Supreme Court Quashes Noneconomic Damages Cap for Personal Injury Claims

A divided Oklahoma Supreme Court recently invalidated the $350,000 noneconomic damages cap on pain and suffering in personal injury lawsuits. In Beason v. I.E. Miller Services, Inc., the court held that the statutory damages...more

Littler

OSHA Update: Court of Appeals Upholds Employer's Criminal Liability and Maximum Fine in Employee's Death

Littler on

On July 17, 2018, the U.S. Court of Appeals for the Eighth Circuit affirmed a verdict that had found an employer criminally liable for an employee's fatal fall. ...more

Parker Poe Adams & Bernstein LLP

Ignorance of OSHA Requirements Does Not Preclude Willful Violation

Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more

Patrick Malone & Associates P.C. | DC Injury...

You Should Know - April 2018

Injured Workers Have Third-Party Option After Work Comp - Work injuries are life-changing and still all too common in America. Injured workers wonder if they will ever return to work, how they will pay for extended care...more

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

Wisconsin Employers Now Subject to Tort Lawsuits for Temporary Workers’ Workplace Injuries

On January 9, 2018, District III of the Wisconsin Court of Appeals held that temporary workers who are injured while working for their host employers have the right to elect either to claim workers’ compensation benefits or...more

Seyfarth Shaw LLP

Transportation And Workplace Violence Standout In Census Of 2016 Fatal Occupational Injuries

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual...more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide