State Snapshot BASIC RULE In Tennessee, workers’ compensation is an employee’s exclusive remedy for an injury arising out of and in the course of employment. This means that the employee cannot sue the employer in […]
What Do You Think? A carrier or employer may be able to issue a “back-up denial” of a claim it has already accepted if it turns out that it was misled by the claimant. A […]
State Snapshot BASIC RULE In Alabama, workers’ compensation is an employee’s exclusive remedy against an employer for job-related injuries when those injuries are covered by the Workers’ Compensation Act.. Ala. Code §§ 25-5-52 and 25-5-53. […]
Texas employers are largely immune to workers’ compensation retaliation lawsuits. But the rule does not protect cities from lawsuits by first responders. A case involving a police cadet injured during a physical agility test asks […]
State Snapshot BASIC RULE In Oregon, the sole remedy for an employee who suffers injury, death, or an occupational disease in the course and scope of employment is workers’ compensation. ORS 656.018. This means that […]
State Snapshot BASIC RULE In Utah, workers’ compensation is an employee’s exclusive remedy for work-related injuries or occupational diseases. Utah Code § 34A-2-105. This means that the employee cannot sue the employer in tort (where […]
What Do You Think? An employer may be able to deny a workers’ compensation claim by showing that the employee never reported the injury. But what does reporting an injury entail? An Arizona case involving […]
What Do You Think? The exclusivity rule protects employers from injured workers’ negligence lawsuits and from potentially large money judgments. But what if an employer assigns an employee to temporarily work for another company? Can […]