What Do You Think? Civil procedure stuff, like who has the “burden of proof” in a worker's compensation case, can make you want to reach for a high grade espresso. But it’s actually important to […]

State Snapshot BASIC RULE In Texas, workers’ compensation is the exclusive remedy of an employee who is injured at work. Tex. Labor Code § 408.001(a).  This means that the employee cannot sue the employer in […]

What Do You Think? The Arizona Industrial Commission determines an injured employee's average monthly wage for purposes of workers’ compensation by looking at what the employee was earning at the time he was injured. But […]

State Snapshot State Snapshot Massachusetts Exclusive Remedy Provision BASIC RULE Workers’ compensation is generally the only remedy available to workers for injuries arising out of and in the course of employment. G. L. c. 152, §§ […]

What Do You Think? Employees generally must file for workers’ compensation in the state where their employer is located and where they work. But what if the employee sometimes works in the office and sometimes […]

What Do You Think? An employee is generally covered by workers’ compensation if he’s injured while on his employer’s premises. But what if he’s injured on the road after his workday ends?  That was the […]

What Do You Think? In Mississippi, a government employer with workers’ compensation insurance usually cannot be sued by an injured employee. State law makes governmental entities immune to such lawsuits.  But what if the employee […]

State Snapshot BASIC RULE  Worker’s compensation is the exclusive remedy for employees who suffer an injury that arises from and occurs in the course of employment. 820 ILCS 305/5(a)  This means that the employee (or, […]