Do You Know the Rule? In Pennsylvania, a workers’ compensation claimant has to prove that he sustained an injury. He also needs to show that his job caused the injury. Because the employee bears the […]
The “exclusive remedy” rule is not the only thing that can stop an employee from suing a company for negligence when the company has workers’ compensation coverage. An Ohio case involving an employee who said […]
What Do You Think? An employer can get sued for failing to reasonably accommodate an employee with a disability. But did you know that courts may award punitive damages to a worker who wins her […]
What Do You Think? Employers can get into trouble for retaliation if they fire an employee because the employee is using or has used FMLA leave. But what if that employee genuinely cannot return to […]
What Do You Think? Employees generally can’t sue employers for monetary damages in court. Workers’ compensation is the exclusive remedy, in most cases, and tends to zap those cases right out of court. But consider […]
What Do You Think? Employers can engage in FMLA interference by taking adverse action, or threatening to do so, in response to an employee’s use of FMLA leave. That was a laboratory technician’s claim in […]
What Do You Think? To be compensable, an injury must be caused by the job in some way. A case involving the suicide of a police officer shows how critical expert testimony can be to […]
Do You Know the Rule? In New Mexico, employers and carriers may find themselves on the hook for payments beyond the workers’ compensation benefits they owe if a claimant shows they engaged in "bad faith." […]