News & Analysis as of

Workplace Injury Employer Liability Issues

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

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

OSHA’s New Severe Injury Report Dashboard Provides Data From 2015 Through 2023

Recently, the Occupational Safety and Health Administration (OSHA) made nearly a decade of serious event reporting data—from January 1, 2015, through December 31, 2023—publicly available for review and study via OSHA’s new...more

FordHarrison

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

FordHarrison on

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

Chartwell Law

The Chartwell Chronicles: New Jersey Attorney Fees

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In Episode 31 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss the new law in New Jersey relating to workers' compensation attorney fees. Please make sure to like and subscribe to The Chartwell...more

Marshall Dennehey

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

Marshall Dennehey on

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

Robinson+Cole Construction Law Zone

New York’s Highest Court Weighs in on N.Y. Labor Law

N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Chartwell Law

Revised Massachusetts Workers' Compensation Notice to Employees Poster

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The Massachusetts Department of Industrial Accidents has revised the Notice to Employees poster, and all employers are required to utilize and repost the updated version by September 16, 2024. Complying with this new...more

Woodruff Sawyer

Workers’ Comp: The Fine Line Between Abuse and Fraud

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Workers’ compensation (WC) insurance is designed to protect employees who suffer work-related injuries or illnesses and offer crucial support during times of need. However, there is a darker side to this coverage—the...more

Chartwell Law

Implications of Job Growth on Workers’ Compensation Claims

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The U.S. Labor Department reported in May 2024 that 272,000 new jobs were added to the labor force. This significant increase naturally leads to a rise in workers’ compensation premiums due to higher wages and an increase in...more

Dinsmore & Shohl LLP

Risky Business: OSHA Investigation Warns Healthcare Providers of Liability for Patient Assaults

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The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently cited Circles of Care, Inc., a Florida behavioral health company, for failing to provide a workplace free of recognized hazards....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

Chartwell Law

A Cautionary Tale for Workers’ Comp Insurers and Employers

Chartwell Law on

What happens when a mistake occurs in a workers’ compensation case? This was the question at the heart of the recent Commonwealth Court decision in Reading Anthracite Co. v. Oxenrider. The case serves as a cautionary reminder...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

Chartwell Law

The Chartwell Chronicles: New Jersey Caselaw Updates

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In Episode 28 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss recent a number of New Jersey workers' compensation caselaw updates. Please make sure to like and subscribe to The Chartwell...more

Woods Rogers

What's the Tea in L&E? Injury or Disability: What's the Difference?

Woods Rogers on

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. Warmer weather and frequent outdoor activities often result in increased injuries. In this short video, Woods...more

Bergeson & Campbell, P.C.

OSHA HCS Amendments Primarily Align with GHS Rev 7

The U.S. Occupational Safety and Health Administration (OSHA) issued a final rule on May 20, 2024, that amends the Hazard Communication Standard (HCS) to conform to the Globally Harmonized System of Classification and...more

Morgan Lewis

New Guidance Shows OSHA May Target Stretching Programs Often Used to Prevent Musculoskeletal Disorders

Morgan Lewis on

The Occupational Safety and Health Administration (OSHA) recently released enforcement guidance to its inspectors to determine when Active Release Techniques and stretching for employees, which are often used to prevent or...more

Woodruff Sawyer

Managing Workers' Comp Costs with a Nurse Triage Program

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When a workplace injury occurs, employers with no medical training often must determine the severity of the injury and direct an employee to appropriate medical care. They may have to make on-the-spot decisions about whether...more

Goldberg Segalla

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

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While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability...more

Miller Nash LLP

OSHA Amends Rule on Employee Representation During Safety Inspections

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The Department of Labor Occupational Safety and Health Administration (OSHA) is amending an existing rule to provide clarification on the right employees have to authorize a representative that accompanies an OSHA Compliance...more

Parker Poe Adams & Bernstein LLP

Lockout/Tagout Rules Require Safety Procedures for Each Machine

Most affected employers understand their obligations to comply with the Occupational Safety and Health Administration’s control of hazardous energy (commonly called “lockout/tagout”) rules found at 29 C.F.R. §1910.147. These...more

Woodruff Sawyer

How to Stop the WC Litigation Train

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WC insurance was designed to prevent the threat of litigation by removing the employee’s right to sue their employer in exchange for guaranteed compensation for an injury. However, despite the promise of benefits, the WC...more

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