What Do You Think? FMLA retaliation lawsuits typically come down to whether there’s a causal link between an employee’s exercise of FMLA rights and the employer's adverse actions, such as termination. In the absence of […]

What Do You Think? Employees can sustain compensable injuries when they walk from the building where they work to a designated employee parking lot. But what if an employee gets injured when he leaves an […]

State Snapshot BASIC RULE In New Hampshire, workers’ compensation is the exclusive legal remedy an employee has for work-related injuries or occupational diseases against their employer and the employer’s insurer. RSA 281-A:8. This means that […]

What Do You Think? Survivors of Texas employees who die at work can sometimes sue employers for wrongful death. But, no matter how tragic or dramatic the death, they’ll have one especially big hurdle in […]

What Do You Think? A “travelling employee” who is injured while travelling may be entitled to workers’ compensation. But doesn’t every employee “travel” in some sense of the word? A case involving a handyman who […]

What Do You Think? Employers may have to provide workers’ compensation benefits when an employee is injured while driving for the company. But is that also true when an employee is injured solely because he […]

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 […]