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Wheeling, WV (WorkersCompensation.com) — In West Virginia, there is a presumption that a worker’s injury was caused by intoxication if his blood is promptly tested, and his blood alcohol content exceeds a certain limit.  But […]

Harrisburg, PA (WorkersCompensation.com) — Under Pennsylvania’s exclusive remedy rule, employees who are injured on the job are generally limited to seeking compensation through the workers’ compensation act. If the employer has workers’ compensation coverage, the […]

New York, NY (WorkersCompensation.com) — Employees generally cannot collect workers’ compensation benefits if their disability preexisted their employment. But what if the worker had the injury prior to starting the job, yet the injury was […]

Wheeling, WV (WorkersCompensation.com) — To determine whether a worker who is injured while engaged in an activity that is neither distinctly personal nor distinctly employment-related in character, many courts apply the “increased-risk” test. The West […]

Harrisburg, PA (WorkersCompensation.com) — In Pennsylvania, when deciding whether an injury “arises out of employment,” courts apply the “positional-risk test.”  General Standard for Compensability  A Pennsylvania worker who suffers an accidental injury “arising out of […]

New Orleans, LA (WorkersCompensation.com) — Independent contractors generally are not entitled to workers’ compensation benefits. But there is an exception in Louisiana that has the potential to bring a multitude of workers within the scope […]