Do You Know the Rule? West Virginia applies the “increased risk” test to determine whether a worker’s injury arises out of employment and is thus potentially compensable. The test helps a decisionmaker determine whether the […]

What Do You Think? Imagine that an Alabama employee has a host of medical conditions that put him at risk for injury. If one of those conditions causes him to have an accident, can he still obtain […]

State Snapshot State Snapshot Louisiana Exclusive Remedy Rule BASIC RULE In Louisiana, the Workers’ Compensation Act provides the exclusive remedy for employees injured in the course and scope of employment. This means that employers are […]

What Do You Think? An employee can have a compensable claim when he was injured doing an ordinary activity at work that is not really job-related–such as walking. But he'll generally have to show that […]

A number of factors can raise or quell suspicions that an employer terminated an employee in retaliation for filing a workers’ compensation claim. A case involving a property manager highlights some of the actions that […]

What Do You Think? For an injury to be compensable, the employee must be engaging in activities reasonably incidental to employment. What exactly relates to employment can get foggy, however, especially in the school context, […]

What Do You Think? Timing is often a key factor in whether an employee’s retaliation claim succeeds. Courts tend to place a lot of weight on how much time passed between the claim and the […]

State Snapshot BASIC RULE In Connecticut, the Workers’ Compensation Act provides the exclusive remedy for employees injured “arising out of and in the course of employment.” This means that employers are immune to their employees’ […]