What Do You Think? Stabbing an employee may seem like an overreaction to finding out she is out of your favorite donut. In fact it’s hard to see how the event relates to the job […]

What Do You Think? Idaho has a special rule that allows a worker to obtain both workers’ compensation benefits and Industrial Special Indemnity Fund benefits when a pre-existing injury combines with a current injury to render […]

What Do You Think? Certain first responders filing a claim for a lung injury are entitled to the benefit of the doubt in some respects. For instance, there is often a presumption that their injury […]

What Do You Think? In Illinois, an employee bringing a retaliatory discharge claim has to prove he was fired because he exercised a right under the Workers’ Compensation Act. While the employer doesn’t have to […]

What Do You Think? Employees who are fired because they are taking workers’ compensation leave can sue their employers for retaliation. As one case shows, an employer’s comments prior to the termination, when combined with […]

State Snapshot State Snapshot California Exclusivity Rule BASIC RULE In California, workers’ compensation is the exclusive remedy for employees whose injuries arise out of and in the course of employment.  This means that, in most […]

What Do You Think? In New York, employees who stretch the truth or outright lie about the extent of their injuries can lose their workers’ compensation benefits. A case involving a former Rite Aid employee […]

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 […]