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Workplace Injury Employer Liability Issues

Freeman Mathis & Gary

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

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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

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2025 Edition

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As hurricanes devastate the Caribbean, employers in the US are preparing for a potential impact late in the season. This detailed set of Frequently Asked Questions, fully updated for 2025, addresses the workplace-related...more

Woodruff Sawyer

How Employers Can Minimize Workers’ Comp Claims Pitfalls

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The way a workers' comp (WC) claim is handled can significantly affect both outcomes and costs. Unless your organization is self-insured and self-administered, you’re not directly responsible for managing your workers'...more

Weber Gallagher Simpson Stapleton Fires &...

Court Extends Compensability Circumventing a Prior Ruling: A Story of Caution for Respondents

Peralta v. Silver Line Building Products - (NJ Appellate Division, Argued 9/18/25, Decided 9/24/25) - In this decision, the court affirmed a workers’ compensation judge’s ruling requiring the employer to authorize and pay for...more

Marshall Dennehey

Section 305.2(c.1) Does Not Require Claimant to Prove Non-Entitlement to Benefits Before Record Closes and Imposes No Timeline for...

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Uninsured Employer’s Guaranty Fund v. Luis Aguilar, Joe Miller Construction, Life Time Home Improvement Contractor Company, LLC, et al; 908 C.D. 2004; filed September 9, 2025; Judge Wallace - The claimant filed a Claim...more

Marshall Dennehey

Pennsylvania Supreme Court Overrules Specific Loss Precedent, Grants Benefits to Estate of Deceased Worker

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Key Points: Pennsylvania Supreme Court held that the estate of a claimant is entitled to the payment of specific loss benefits because the claimant died from a work-related injury....more

Marshall Dennehey

New Jersey Appellate Division Continues to Turn Away Alleged Intentional Workplace Injury Claims

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Key Points: New Jersey Appellate Division, once again, turns away intentional injury claim in an attempt to overcome the workers’ compensation bar....more

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

Québec Court of Appeal Finds That Employers May Be Liable for After-Hours Accidents

In a recent decision impacting Québec employers and workers, the Court of Appeal of Québec clarified the scope of work-relatedness necessary for an injury to be compensable under the Act respecting industrial accidents and...more

Conn Maciel Carey LLP

[Webinar] Top 5 Construction Industry OSHA Citations - August 13th, 10:00 am PT

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In the high stakes construction world, OSHA often issues citations for the lack of fall protection, scaffolding hazards, hazard communication failures, electrical hazards, and inadequate personal protective equipment (PPE)....more

Marshall Dennehey

Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer

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Comer v. American Transmission Systems, Inc., Civil Action No. 23-1464, 2025 WL 1530750 (W.D. Pa. May 29, 2025) - Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he...more

Foster Swift Collins & Smith

Intern Injuries and Workers’ Compensation in Michigan: What Employers Need to Know in 2025

As Michigan employers prepare for another busy summer internship season in 2025, many are welcoming interns to support growing workloads. While most internship experiences will proceed without issue, some employers may face a...more

Marshall Dennehey

Idiopathic Fall Standard, Without the Fall

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There was a fall in this case, but the claimant’s injury—disk extrusion at L3-4—occurred before the fall, when he stood up from a seated position. This case highlights that when an injury is personal to a claimant and not...more

Keating Muething & Klekamp PLL

OSHA’s Updated Inspection Program: What Employers Should Know and Expect

On May 20, 2025, the Occupational Safety and Health Administration (OSHA) updated its Site-Specific Targeting (SST) inspection program. The SST inspection program is OSHA’s primary planned inspection initiative for...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Fisher Phillips

Texas Supreme Court Lets Employers Shift Fault To Third Parties In Worker Injury Suits: Key Takeaways For Workers’ Comp...

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Texas employers that opt out of the state’s workers’ compensation program recently received a big win that will impact litigation strategies. While workers’ comp provides a no-fault system, employers that elect not to...more

Seyfarth Shaw LLP

Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace...

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On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation....more

Stark & Stark

Police Officer on Traffic Duty Assignment is Joint Employee of Their Police Department and the Contractor

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When a police officer was seriously injured while working an extra traffic duty assignment, the question wasn’t whether he should get help – it was who should help pay for it....more

Weber Gallagher Simpson Stapleton Fires &...

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

Seyfarth Shaw LLP

Curiosity may kill the cat, but is indispensable for workplace health and safety

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“Curiosity killed the cat” is a proverb “used to warn of the dangers of unnecessary investigation or experimentation” (Wikipedia) or is an idiom “said to warn someone not to ask too many questions about something” (Cambridge...more

Foster Swift Collins & Smith

Why Some Workplace Falls Are Not Compensable: The Idiopathic Fall Doctrine Explained

Under Michigan workers’ compensation law, compensation benefits are payable to an employee who sustains a personal injury that “arises out of” and “in the course of employment.” ...more

Morris James LLP

Finger Amputations at Work: Understanding Your Rights and the Path to Recovery

Morris James LLP on

Losing a finger on the job is more than a painful injury—it’s a life-altering event that can disrupt your livelihood, limit your independence, and leave you facing a long and uncertain recovery. Whether caused by faulty...more

Seyfarth Shaw LLP

Hot Topic: Nevada Joins Ranks of States Enforcing Onerous New Heat Illness Rules

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Nevada’s sunny and hot summers pose hazards of heat-related illnesses to outdoor workers and non-climate-controlled indoor workers. April 29, 2025 marks a significant milestone for workplace safety in Nevada as the Nevada...more

Marshall Dennehey

Delaware Industrial Accident Board Rules Claimant is an Actually Displaced Worker Following Job Search Evaluation

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Frances Carr v. Amazon.com Services, IAB No. 1540462 (Feb. 25, 2025) - In Delaware workers’ compensation cases, claimants who are unable to return to their previous jobs due to injury may contend they are prima facie...more

Fisher Phillips

Workplace Violence Prevention Awareness Kit for Employers

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April is Workplace Violence Prevention Awareness Month, and employers should use this as an opportunity to learn more about this critical safety issue and how to address it. We’ll cover the latest workplace violence data and...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields on

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

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