News & Analysis as of

Psychological Injuries

Goldberg Segalla

Even with Unfavorable IME Opinions on Causal Relationships, Psychological Workplace Injuries May Be Not Compensable

Goldberg Segalla on

Job stress is an unfortunate reality of being part of today’s workforce. The capacity for being able to deal with such stress varies from worker to worker, but whether that stress is the cause of someone’s psychological...more

Blake, Cassels & Graydon LLP

Actions pour négligence : La Cour d’appel de l’Ontario confirme la nécessité de démontrer l’existence d’un préjudice réel

Le 27 mars 2024, la Cour d’appel de l’Ontario (la « CAO ») a confirmé, dans le cadre de l’affaire Palmer v. Teva Canada Ltd. (l’« affaire Palmer »), que le droit canadien ne prévoit pas de réparation pour un risque accru de...more

Blake, Cassels & Graydon LLP

Quebec Adopts New Bill to Tackle Psychological Harassment and Sexual Violence in the Workplace

On March 27, 2024, Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace (Act), was sanctioned by the Lieutenant-Governor of Quebec. The Act’s purpose is to provide greater...more

Rodemer Kane Attorneys at Law

Can I Sue My Insurance Company for Emotional Distress After a Car Accident?

Yes, following a car accident, you have the right to sue for various losses, like medical expenses, missed work earnings, the pain you've endured, and emotional distress. Emotional distress falls under the category of...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Affirms Need to Establish Actual Harm in Negligence Claims

On March 27, 2024, the Ontario Court of Appeal (Court) affirmed in Palmer v. Teva Canada Ltd. (Palmer) that Canadian law does not provide remedies for an increased risk of harm. This ruling is in line with other recent...more

Blake, Cassels & Graydon LLP

Harcèlement psychologique et violence à caractère sexuel en milieu de travail : sanction du projet de loi n° 42

Le 27 mars 2024, le projet de loi n° 42, Loi visant à prévenir et à combattre le harcèlement psychologique et la violence à caractère sexuel en milieu de travail (la « Loi »), a été adopté par l’Assemblée nationale du Québec....more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

This week the 3rd Department released four new cases with a particular focus on psychological injuries. Learn more below. First is Anderson v. City of Yonkers, the 3rd Dept. examined the way the Board reviews psychological...more

Nelson Hardiman, LLP

Too Much Of A Good Thing?

Nelson Hardiman, LLP on

F. Scott Fitzgerald famously declared that “Too much of anything is bad, but too much champagne is just right.” That may be true, but it now appears that it may have been “Special K” that proved the undoing of beloved actor...more

K&L Gates LLP

Working Wise: Psychosocial Risk and Regulation – A Global Overview

K&L Gates LLP on

K&L Gates partners Dominic Fleeton, Dylan G. Moses, and David C. Lindsay compare and contrast the approaches to regulating and enforcing the management of psychosocial risks and hazards in Australia, the United Kingdom, and...more

Goodwin

Psychedelics & Drug Development - Key Considerations for Healthcare Industry and Life Sciences Companies as Congress Seeks to Tap...

Goodwin on

On March 8, 2023, US Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) introduced an updated version of the Breakthrough Therapies Act, and US Reps. Nancy Mace (R-SC) and Madeleine Dean (D-PA) introduced companion legislation in...more

Sherman & Howard L.L.C.

TikTok Must Face the Music – Control Over Independent Contractors Creates Potential Liability For Mental Harm Caused by Content...

TikTok’s use of “independent contractors” to review potentially problematic content will not protect the company from possible liability for the “psychological injury” that work is alleged to have caused. If anything, it may...more

Seyfarth Shaw LLP

Paying more than lip service to psychosocial safety

Seyfarth Shaw LLP on

Psychosocial risk is number one on the agenda for many Australian workplace leaders. Right now, most safety briefings requested of us are on this very topic. And with good reason. The common refrain from employers is ‘what do...more

DCI Consulting

Mitigating Risk of Social Responsibility Initiatives 

DCI Consulting on

This is the final part of our blog series, Psychological Safety and Advancing Workforce Equity. Throughout this series, DCI has shared many benefits to workplace equity gained by sustaining or improving a candidate’s or...more

Obermayer Rebmann Maxwell & Hippel LLP

The Impact of Divorce on Mental Health

May is Mental Health Awareness Month. There are many mental health diagnoses that surface in parents and children during a divorce. Some suffer mental health issues that are exasperated by a divorce and some conditions are...more

DCI Consulting

Maintaining Psychological Safety in the Event of a Reduction in Force

DCI Consulting on

This blog series has focused on how an employer can create psychological safety for its workforce. In recent blogs, we discussed how psychological safety starts with the candidates’ experience during the selection process...more

Roetzel & Andress

To Cap It All Off: Ohio Supreme Court Holds Non-Economic Damages Cap Unconstitutional in Limited Ruling

Roetzel & Andress on

The Supreme Court of Ohio recently held Ohio’s statutory cap on non-economic damages violated the Ohio Constitution in an as-applied ruling involving a plaintiff with long-term psychological injuries. Brandt v. Pompa, Slip...more

Husch Blackwell LLP

Ohio Supreme Court Decision Potentially Alters the Application of Damages Caps in Ohio

Husch Blackwell LLP on

On December 16, 2022, the Ohio Supreme Court issued a ruling in Brandt v. Pompa that may call into question the applicability of Ohio’s non-economic damages cap in future tort actions. Under tort reform enacted in Ohio in...more

DCI Consulting

Establishing Inclusive Environments for Stigmatized Groups to Self-ID

DCI Consulting on

This is part 3 of our 8-part blog series, Psychological Safety and Advancing Workforce Equity. In the previous installment in this series, we discussed how employees, in general, evaluate the risks and potential benefits...more

Fox Rothschild LLP

Turning Off the Gaslight in Your Relationship

Fox Rothschild LLP on

With few exceptions lawyers are not psychologists and have no business trying to play in that field. But experienced lawyers inevitably see their fair share of psychological wounds when interacting with clients. Although we...more

Downs Rachlin Martin PLLC

Early Mental Health Intervention Improves TBI Outcomes

Victims of mild traumatic brain injury (“mTBI”) commonly report psychological distress, which is not surprising given the impact the injury can have on every aspect of everyday life including but not limited to balance,...more

J.S. Held

What is Human Factors?

J.S. Held on

Humans as we are, “Homo sapiens,” can be traced back around 300,000 years. Our large and complex brains work continuously to develop tools, devices, and complex technologies. We build teams, start families, live in social...more

Fox Rothschild LLP

Washington Supreme Court Finds That A “Person” Can Be A Victim Of A Crime Of Domestic Violence If Their Pet Is Subjected To Acts...

Fox Rothschild LLP on

A Washington Supreme Court found that a person can be a victim of a crime of domestic violence if their pet is subjected to acts of animal cruelty by a partner to cause the person/victim psychological harm. Such cases...more

Proskauer - Health Care Law Brief

Key Legal Considerations Relating to Ketamine Behavioral Health Platforms

In the last few years, we have seen an uptick in behavioral health groups focused on psychedelic treatments.  There are now at least five (5) psychedelic-assisted therapy platforms traded on NASDAQ with numerous others listed...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #302 – A Rough Week for Facebook/Instagram: Seize the Opportunity to Chat with Your Kids

Facebook had a rough week on many fronts, including the publishing of “The Facebook Files” by the Wall Street Journal, segments on CBS Sunday Morning, the revelation of on 60 Minutes of Frances Haugen as the whistleblower,...more

Vicente LLP

Psychedelics and Mental Health Therapy in Colorado: DORA and Potential Regulatory Response

Vicente LLP on

Recent psilocybin studies have generated significant interest due to the unparalleled positive results for individuals suffering from major depressive disorders and substance abuse disorders. In an era where once-illicit...more

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