News & Analysis as of

Psychological Injuries

Freeman Mathis & Gary

Mental health warning signs at work: Can employers still rely on workers’ comp exclusivity?

Freeman Mathis & Gary on

Following the recent decision in Rivas v. Benny’s Prime Chophouse, where the Illinois Appellate Court allowed a civil claim to proceed despite arguments that the Illinois Workers’ Compensation Act (“Act”) barred recovery, the...more

Weber Gallagher Simpson Stapleton Fires &...

New York 3rd Dept. Weighs in on Surveillance, Sidewalks, Sensitivity Claims and More

The Appellate Division handed down five decisions on Oct. 9: Harmon v. Faxton Sunset St. Luke’s Health Care Center Inc: A nurse had a concussion and her nose broken from being punched in the face two times by a patient....more

K&L Gates LLP

Ready or Not, Here They Come: The Victorian Psychosocial Regulations and Compliance Code Explained

K&L Gates LLP on

On 30 September 2025, the Victorian Minister for WorkSafe and TAC made: The Occupational Health and Safety (Psychological Health) Regulations 2025 (the Victorian Regulations)...more

Marshall Dennehey

Commonwealth Court Allows Second Review Petition, Rejects Res Judicata Defense on Psychological Injury Claim

Marshall Dennehey on

Michael N. Lewis, Sr. v. City of Philadelphia (WCAB); No. 362 C.D. 2024; August 11, 2025; Judge Wolf - The Commonwealth Court has found that serial Petitions to Review may be permitted to add injuries, if they are of a...more

Searcy Denney Scarola Barnhart & Shipley

Crash and Burnout: The Mental Health Toll of Car Accidents (and What Victims Can Do About It)

Being involved in a serious car accident can take a significant toll on your mental health. While accident victims often focus on the physical and financial consequences of their injuries, the mental health consequences can...more

Frantz Ward LLP

Mental Block: A Brief Look at the Compensability of Psychological Conditions in Ohio Workers’ Compensation

Frantz Ward LLP on

Over the past few years, more and more Americans have been diagnosed with a mental health condition. According to Mental Health America, nearly 1 in every 5 adults will have a diagnosable mental health condition in any given...more

Epstein Becker & Green

Training Artificial Intelligence and Employer Liability: Lessons from Schuster v. Scale AI

Epstein Becker & Green on

The discussion of Artificial Intelligence (“AI”) in the workplace typically focuses on whether the AI tool and model has a discriminatory impact. This means examining whether the AI output creates an unlawful disparate...more

JUSTICENTER

The Emotional Impact of Car Accidents

JUSTICENTER on

Most people think of broken bones and totaled cars when they imagine a car accident. But the damage often goes deeper than what we can see. The emotional and psychological toll of a crash can be just as serious as physical...more

Husch Blackwell LLP

Hospice Insights Podcast - Psychedelics and End of Life Care: Understanding the Legal Landscape

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There has been a lot of buzz around psychedelics, and particularly their potential usefulness in treating existential suffering at the end of life. Husch Blackwell was the first law firm in the country to establish a...more

Husch Blackwell LLP

TikTok Litigation: The Next Frontier of Mass Tort

Husch Blackwell LLP on

The recent wave of lawsuits against TikTok by over a dozen states and the District of Columbia marks a significant moment in the ongoing scrutiny of social media platforms and their impact on youth mental health. The lawsuits...more

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

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

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

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

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

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