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 […]

Case File The Court of Appeals of Georgia held that the exclusive remedy provision of the state’s Workers' Compensation Act is an affirmative defense -- not a matter of subject-matter jurisdiction. This means that the […]

What Do You Think? The “affirmative act” exception to Georgie's exclusivity rule allows employees injured at work to sue employers for personal injury under certain circumstances. A case involving a teen tragically killed while running […]

What Do You Think? Employers who take negative action against an employee after the employee exercises FMLA rights may face a retaliation claim. But how negative does the action have to be? A case involving […]

What Do You Think? Employers and supervisors are generally protected from personal injury lawsuits if they maintain workers’ compensation coverage. But those protections may cease if a supervisor injures someone while acting outside the scope […]