What Do You Think? Delaware workers’ compensation law requires "but-for" causation when an employee’s pre-existing condition is aggravated by a specific, identifiable industrial accident. But the employee has to meet a higher standard if she […]

What Do You Think? To be entitled to workers’ compensation benefits in Maryland, a worker must be a “covered employee.” A recent case addresses how that rule applies when an NFL player signs a contract […]

Case File Suspension of a workers' compensation claim during the period in which the claimant fails to cooperate is the only available sanction when an employee obstructs an Independent Medical Examination. The Utah Supreme Court […]

What Do You Think? Can an employer become liable for an employee’s negligence when he’s driving to work? The family of a man who was killed by a waterproofing company employee’s erratic driving argued yes […]

What Do You Think? Employees may be entitled to worker’s compensation benefits if an accident causes an injury that is outside of common knowledge. But they will need reliable medical testimony to show the injury […]

What Do You Think? Employers who fire or take other negative action against an employee who files a worker’s compensation claim may face retaliation lawsuits. But what if the injured employee hasn’t taken steps to […]

Case File The U.S. District Court for the Northern District of Mississippi held that a workers' compensation claimant must fully exhaust all administrative remedies before filing a bad faith or breach of good faith and […]

State Snapshot BASIC RULE In Maine, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 39-A M.R.S. § 104. This is the case for all personal injuries and deaths or occupational diseases […]