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 […]

State Snapshot BASIC RULE In Vermont, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 21 V.S.A. § 622. This means that an injured employee cannot sue his employer in tort for […]