News & Analysis as of

Workplace Injury Workers' Compensation Claim

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

Morris James LLP

Dewey Beach Electrical Accident Highlights Legal Questions After Workplace Electrocution

Morris James LLP on

Police report that on October 20, 2025, a construction worker suffered a severe electrical injury while working on the third floor of a building in the 1500 block of Coastal Highway, the site of Dewey Beach's new Town Hall....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

Marshall Dennehey

What is a Prima Facie Displaced Worker?

Marshall Dennehey on

Leon Smith v. Allen Foods, IAB No. 1551423 (Sept 6, 2025) - Over the last several years, there have not been many cases where claimants have successfully argued that they are a displaced worker prima facie, thus entitled to...more

Marshall Dennehey

District Court Holds that Reservation Over Attorney Fee Entitlement May Not Toll Statute of Limitations

Marshall Dennehey on

Murphy v. Polk Cnty. Bd. of Cnty. Commissioners, Fla. 1st DCA, No. 1D2022-2752, Sept. 3, 2025 - It seems there is no statute of limitations on the First District Court of Appeals’ issuing opinions interpreting the actual...more

Marshall Dennehey

New Jersey Workers’ Compensation Legislation Update

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Below are the more notable pending New Jersey workers’ compensation bills in the 2024-25 session, with 2025 updates in bold. A1719 / S1883 Excludes Certain Illegal Aliens - This excludes certain illegal aliens from...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...

Marshall Dennehey on

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

Weber Gallagher Simpson Stapleton Fires &...

Third Department Issues Trio of Workers’ Comp Decisions

First time in a while the 3rd Dept dropped some workers’ compensation decisions.  There were three 3rd Dept decisions on WC cases issued this week....more

Woodruff Sawyer

When Doctors Disappear: Addressing the Human Cost of a Strained Workers’ Comp System

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In the last few years, there has been a growing shortage of physicians to treat workers’ compensation cases across the country. Employees who are injured on the job are finding it increasingly difficult to access timely and...more

Marshall Dennehey

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

Marshall Dennehey on

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

Marshall Dennehey

Idiopathic Fall Standard, Without the Fall

Marshall Dennehey on

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

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

Marshall Dennehey

Two Incidents. One Injury. Recurrence Versus Aggravation

Marshall Dennehey on

Ferrell v. City of Wilmington, 2025 WL 753378 (Del. Super Ct. Mar. 10, 2025) - The Delaware Superior Court reviewed and affirmed a decision by the Industrial Accident Board concerning a claimant who sustained a compensable...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

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] 2024 New Jersey Workers’ Compensation Case Law Updates - April 29th, 12:00 pm - 1:00 pm ET

Join partners Cheryl Binosa, Jeffrey Newby, and Renee Porada Frazier for an insightful webinar that will cover several pressing topics in New Jersey Workers' Compensation, based on recent cases in the state. In this...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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – March 2025

The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more

Hendershot Cowart P.C.

Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury

Hendershot Cowart P.C. on

When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more

Bricker Graydon LLP

[Event] Preventing HR Whiplash: Navigating Change with Confidence Under the Trump Administration - April 8th, Cincinnati, OH

Bricker Graydon LLP on

Join us for an informative and engaging Spring Seminar hosted by our Labor and Employment team where you'll hear about the latest updates and key insights on the ever-evolving landscape of employment law. Our team will...more

Marshall Dennehey

Where a Claimant Seeks to Add a Distinct, Consequential Injury to Notice of Compensation Payable and to Reinstate Indemnity...

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Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...more

Marshall Dennehey

Pennsylvania Supreme Court Holds That the Compensation Rate for Specific Loss Benefits is Controlled by Section 306(c) of the Act,...

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Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more

Marshall Dennehey

Petition to Terminate Total Disability Benefits for Claimant Who Had Light-duty Restrictions That Could Not Be Accommodated...

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Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024) - On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his...more

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

New York Amends the Warehouse Worker Injury Reduction Act

On February 14, 2025, New York Governor Kathy Hochul signed into law amendments to the New York Warehouse Worker Injury Reduction Act (A2432/S808)....more

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