News & Analysis as of

Workplace Injury Employees

Seyfarth Shaw LLP

OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer

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Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer....more

Seyfarth Shaw LLP

Responding to an Accident: OSHA and Legal Liabilities

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A terrible accident has occurred at your worksite.  An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries....more

FordHarrison

EntertainHR: Twisters Reminds Employers to Be Weather (and Employment Law) Aware

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Twisters was a great summer movie. It had action, the hint of romance, subtle nods to original, questionable science and Glen Powell in a cowboy hat. What more can you ask for?...more

Littler

Revised Poster Requirement in Massachusetts Starting September 16, 2024

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The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024....more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

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Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Presley & Presley

Carrier’s Failures Create Coverage

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Insurance laws may vary slightly between jurisdictions but major principles are nearly uniform. These include requirements that an insurer should draft clear and unambiguous exclusions and should identify and fully inform the...more

Ius Laboris

Rules for Workers on Musculoskeletal Problems

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Research has indicated that 60% of employees have work that frequently or always involves repetitive movements, and 24% of employees have work that often or always involves painful or tiring postures (including sitting still...more

Seyfarth Shaw LLP

New Bill Seeks to Provide New York State Warehouse Workers with Additional Injury Protections

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Seyfarth Synopsis: Expanding a law enacted in 2022, New York’s legislature passed another bill that seeks to limit warehouse-related injuries by requiring employers to establish and implement an injury reduction program,...more

Littler

Effective January 1, 2024, Employers in British Columbia, Canada Have Duties to Cooperate and to Maintain Employment Regarding...

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On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill...more

Stikeman Elliott LLP

New Year, New Obligations in British Columbia to Maintain Employment for (Some) Injured Workers

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On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more

FordHarrison

OSHA's New Reporting Requirement Goes Into Effect in 2024

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Executive Summary: Beginning in January 2024, employers in certain high-hazard industries will be required to submit detailed information regarding recordable workplace injuries and illnesses using OSHA’s new filing system...more

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

Seyfarth Shaw LLP

Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program

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Seyfarth Synopsis: The State of  Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with...more

Mayer Brown

Cost Consequence of Sanctioned Payment with "Otherwise Proviso" - Li Suk Yee v. ParknShop (HK) Limited [2023] HKDC 1670

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Background and Decision of the Court Master - The Plaintiff was a store attendant in a supermarket. She claimed that she fell from a ladder while working at the supermarket when a shopping cart controlled by a customer...more

Ward and Smith, P.A.

Messy "Real Life" LARP: An Employer's Accident Response Deconstructed for In-House Counsel

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During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on key issues...more

Seyfarth Shaw LLP

Property Owner Not Liable for Injury to Employee of Independent Contractor –12.6 Million Verdict Reversed

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Seyfarth Synopsis: California’s Second District Court of Appeal recently reversed a 12.6 million jury verdict in favor of an independent contractor’s employee for injuries he suffered from a broken roof hatch of a commercial...more

Seyfarth Shaw LLP

OSHA Injury and Illness Reporting: What Employers Need to Know

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Seyfarth Synopsis: Most employers understand that they are required to report serious injuries and illnesses to OSHA shortly after they occur. Even employers in low hazard industries who are not required to keep written OSHA...more

Spilman Thomas & Battle, PLLC

Intentional Tort Legislation Damages Cap Passed in West Virginia Legislative Session 2023

In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive...more

Console and Associates, P.C.

Lawmakers Raise Concerns Over Worker Safety at Amazon Warehouses

Recently, U.S. lawmakers put Amazon and its top executives on the hot seat, raising questions about the retail giant’s commitment to the safety of its warehouse workers. Over the past decade, the number of Amazon warehouse...more

Littler

OSHA Finds Highway Shooting of Employee to Be Work-Related and Recordable

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In a recently published interpretation letter, the U.S. Occupational Safety and Health Administration (OSHA) opined that an employee’s gunshot injury—sustained when a motorist collided with three other cars, shot the...more

Dickinson Wright

You Can’t Prevent Them All: How to Protect Your Company from Unpreventable Employee Misconduct

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Unfortunately, workplace injuries can occur anytime, even when employers take every possible precaution to prevent them. As most employers have experienced, implementing and enforcing safety rules and policies avoids...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Saul Ewing LLP

“Try, Try Again” – OSHA Introduces Yet Another Electronic Data Reporting Rule, But Still May Not Have Found Success

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​"Oops, [it] did it again." Analogous to Ms. Spears's lyric, the Occupational Safety and Health Administration (OSHA) once again causes a reset across multiple industries with its third iteration of an electronic data...more

Littler

OSHA Launches Nationwide Program Focusing on Workplace Falls

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On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls.  For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall...more

Dinsmore & Shohl LLP

New Appeals Court Decision Limits Employers’ Ability to Fight Temporary Total Disability Following Termination

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In a decision that will significantly impact Ohio employers, the Tenth District Court of Appeals has ruled that workers’ compensation claimants are entitled to temporary total disability benefits even if terminated for cause....more

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