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Utah’s Exclusive Remedy Rule
Utah’s Exclusive Remedy Rule

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 […]
Did Worker who Told Supervisor about ‘Burning’ Knees Properly Report Injury?
Did Worker who Told Supervisor about ‘Burning’ Knees Properly Report Injury?

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 […]
Could Company that Borrowed Laborer who Tripped on Asphalt be Sued for Negligence?
Could Company that Borrowed Laborer who Tripped on Asphalt be Sued for Negligence?

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 […]
Did Safety Lapse let Steel Worker sue Employer for Head Injury?
Did Safety Lapse let Steel Worker sue Employer for Head Injury?

What Do You Think? An employer who intentionally harms an employee can end up facing a personal injury lawsuit despite having worker’s compensation coverage. A case involving a steel mill worker in New Jersey who […]
Could Dunkin Cashier sue after Stabbing by Unhappy Customer?
Could Dunkin Cashier sue after Stabbing by Unhappy Customer?

What Do You Think? Stabbing an employee may seem like an overreaction to finding out she is out of your favorite donut. In fact it’s hard to see how the event relates to the job […]
Could Claimant who Lost Half his Hand in Meat Grinder get ISIF Benefits?
Could Claimant who Lost Half his Hand in Meat Grinder get ISIF Benefits?

What Do You Think? Idaho has a special rule that allows a worker to obtain both workers’ compensation benefits and Industrial Special Indemnity Fund benefits when a pre-existing injury combines with a current injury to render […]
Was Corrections Officer Entitled to Presumption that his COVID-19 Was Compensable?
Was Corrections Officer Entitled to Presumption that his COVID-19 Was Compensable?

What Do You Think? Certain first responders filing a claim for a lung injury are entitled to the benefit of the doubt in some respects. For instance, there is often a presumption that their injury […]
Was Firing Injured Maintenance Worker for ‘Theft’ a Snow-Job?
Was Firing Injured Maintenance Worker for ‘Theft’ a Snow-Job?

What Do You Think? In Illinois, an employee bringing a retaliatory discharge claim has to prove he was fired because he exercised a right under the Workers’ Compensation Act. While the employer doesn’t have to […]