What Do You Think? The exclusive remedy rule protects employers from personal injury lawsuits by limiting most injured employees to workers’ compensation benefits. In Louisiana, and other states, employees can skirt that rule by showing […]
What Do You Think? New York's exclusive remedy rule protects employers from most tort lawsuits. But what happens when the worker sues an entity that has a different name but is intimately connected to the […]
What Do You Think? A child who is a dependent may be entitled to workers’ compensation benefits when a parent dies at work. A case involving a deceased Rite Aid worker with a 29-year-old son […]
What Do You Think? One way employees can get around the exclusive remedy provision and sue an employer in tort for money damages is by showing the employer purposely injured them. But is it enough […]
State Snapshot BASIC RULE In Florida, workers’ compensation is an employee’s exclusive legal remedy for work-related injuries. Florida Statute § 440.11. This means that the injured employee cannot sue the employer for negligence (which might […]
What Do You Think? An injured employee in Illinois may be entitled to workers’ compensation benefits as long as she was not acting intentionally or recklessly. But what if she were injured while driving from […]
What Do You Think? Does violating a safety rule at work mean the resulting injury isn’t compensable? Sometimes. A case involving a maintenance man for a milk manufacturing company whose finger was partially amputated addresses […]
What Do You Think? In Alaska, the “remote site doctrine” may expand the reach of the workers’ compensation act even to an employee’s residence–if that residence is supplied by the employer. A case involving a […]