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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 […]

What Do You Think? Imagine that an Alabama employee has a host of medical conditions that put him at risk for injury. If one of those conditions causes him to have an accident, can he still obtain […]

State Snapshot State Snapshot Louisiana Exclusive Remedy Rule BASIC RULE In Louisiana, the Workers’ Compensation Act provides the exclusive remedy for employees injured in the course and scope of employment. This means that employers are […]