News & Analysis as of

Workplace Injury Wrongful Death

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

Parker Poe Adams & Bernstein LLP

Business Owner Pleads Guilty to Manslaughter Charges Following Fatal Trench Collapse

Last month, the owner of a Colorado construction company pled guilty to criminal manslaughter charges following the death of an employee as the result of a trench collapse. According to the federal Occupational Safety and...more

Ius Laboris

Site supervisor found guilty of criminal negligence causing death

Ius Laboris on

Michael Henderson, a young worker employed by Springhill Construction Ltd. died while working at a wastewater treatment and pumping plant in Fredericton, New Brunswick, in 2018.  The City of Fredericton contracted with...more

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

Oregon Increases Penalties for Workplace Safety Violations

On May 24, 2023, Governor Tina Kotek signed into law legislation raising the maximum penalties for workplace fatality–related citations in Oregon far above federal limits. The law took effect immediately....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Allows Suit Alleging NCOSHA Citations Incentives to Proceed

Following a 2020 fire that resulted in several employee fatalities, the North Carolina Occupational Safety and Health Administration (NCOSHA) issued a series of citations and penalties to the employer involved in that...more

Robinson+Cole Construction Law Zone

Another Law Will Increase Construction Costs in New York

New York recently enacted legislation known as Carlos’ Law, which increases penalties for corporate liability for the death of, or serious injury to, an employee.  The bill, S.621B / A.4947B, was named after Carlos Moncayo, a...more

Gray Reed

LOIA Does Not Apply to a Salt Mine Operation

Gray Reed on

The issue in QBE Syndicate 1036 v. Compass Minerals Louisiana, LLC  was whether the scope of the Louisiana Oilfield Indemnification Act applies to operations involving salt mining? QBE issued a commercial general...more

Littler

New York State Poised to Significantly Increase Fines for Workplace Injuries and Deaths

Littler on

On December 12, 2022, the New York State Legislature passed a workplace safety bill known as “Carlos’ Law.” This bill, originally introduced in 2017 and named for an individual who died on a construction worksite in 2015,...more

Fisher Phillips

PEO Pointers: Court Decision Means Employers Could Face COVID-19 Injury and Death Claims for Workplace Exposures

Fisher Phillips on

Welcome to "PEO Pointers," a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance....more

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

Fisher Phillips on

A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

Cranfill Sumner LLP

Death Claim Series – Whether the Accident or Occupational Disease Caused the Resulting Death.

Cranfill Sumner LLP on

Over the next several weeks I will be releasing a series of articles on North Carolina Workers’ Compensation Death Claims.  The articles will address the following five over-arching issues...more

Morgan Lewis - Up & Atom

Supreme Court Rings Eight Bells and Ends Navy Sailor Fukushima Suit

The US Supreme Court rang eight bells on March 29, rejecting the petition by US Navy sailors to review last year’s Ninth Circuit decision upholding dismissal of their lawsuit in Cooper v. Tokyo Electric Power Co. Holdings...more

Rumberger | Kirk

Intersection Between COVID-19 and Worker's Compensation Immunity: Are Employers at Risk of Civil Litigation?

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Florida employers may be at risk of civil litigation if employees successfully circumvent the workers’ compensation scheme for COVID-19 related injury or death during the course and scope of their employment.  In fact,...more

BCLP

HK Court confirms narrow scope of defence available to proprietors under the Factories and Industrial Undertakings Ordinance

BCLP on

In HKSAR v Gammon Construction Limited (HCMA 97/2019) [2020] HKCA 752 (Date of Judgment: 7 September 2020), the Hong Kong Court of Appeal (the “Court”) dismissed a magistracy appeal against the conviction of a principal...more

Cozen O'Connor

The Interplay Between OSHA And Wrongful Death, Tort, And Gross Negligence Claims In The COVID-19 Era

Cozen O'Connor on

OSHA practitioners who have handled citations involving fatalities or severe injuries are most likely no strangers to considering how these citations including the alleged violation description might affect collateral...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 17, 2020

This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...more

Womble Bond Dickinson

An Invisible Shield: States Begin Enacting COVID-19 Liability Protections

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Although top officials in the U.S. Senate have insisted that liability protections are a top priority for future COVID-19 relief legislation from the federal government, the current onus remains on the states to limit...more

Carlton Fields

Iowa Supreme Court Finds Fatality Allegedly Caused by Gross Negligence Was a Potential “Accident” Under CGL Policy

Carlton Fields on

Coverage under most commercial general liability (CGL) policies applies only to liability arising from an “accident.” As such, injury or damage that an insured “expected or intended” to occur is not covered....more

Jones Day

Australian High Court: Compulsory Examination of Employee not Tantamount to Compulsion of Corporate Accused

Jones Day on

The Situation: In 2016, a helicopter pilot died after he fell into a hidden ice crevasse in Antarctica. At the Coronial inquest, the coroner issued a subpoena requiring the chief pilot of the helicopter company to give...more

Stinson LLP

COVID-19 Workplace Illness and Death Claims - Another Concern for Employers as Businesses Resume Operations

Stinson LLP on

Workers' compensation normally provides the exclusive remedy for employee injuries and occupational diseases that arise in the course and scope of employment. When an employee gets hurt at work, the employer doesn't have to...more

Fisher Phillips

North Carolina Essential Businesses Receive Partial Liability Cover During COVID-19 Recovery

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North Carolina employers let out a collective sigh of relief Wednesday – not just because Phase 1 of the state’s reopening will begin on May 8, but also because essential businesses will receive a form of limited business...more

Lowenstein Sandler LLP

As Reported Cases Of COVID-19 Near 750,000, The United States Sees First Employee Lawsuit Filed For COVID-19-Related Death

Lowenstein Sandler LLP on

COVID-19 is at this point ubiquitous, affecting our daily lives in myriad ways. But it has not altered our continuing need to work and generate income. Many of us have reconciled that need by adopting alternative work...more

Fisher Phillips

How To Avoid Wrongful Death And Injury Claims For Workplace COVID-19 Exposure

Fisher Phillips on

Employers are starting to be served with wrongful death and personal injury lawsuits alleging an employee’s exposure to COVID-19 at work should lead to employer liability, despite the general rule that the workers’...more

Littler

Bureau of Labor Statistics Releases Census of Fatal Occupational Injuries Report

Littler on

On December 17, 2019, the Bureau of Labor Statistics (BLS) released its Census of Fatal Occupational Injuries Report for 2018....more

Robinson+Cole Manufacturing Law Blog

2020 Environmental, Health & Safety Outlook for Manufacturers

Welcome to 2020! As always, we at the Manufacturing Law Blog are starting the year with our annual forecasts of hot topics....more

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