Magnifying Glass

What Do You Think: Was Teacher with Attendance Issues Fired due to Claim?
What Do You Think: Was Teacher with Attendance Issues Fired due to Claim?

Beachwood, OH (WorkersCompensation.com) – Workers’ compensation retaliation cases often boil down to a battle of stories, and which one sounds most convincing and is backed up by tangible evidence. A case involving a daycare center […]
Do You Know the Rule? Texas ‘Exclusive Remedy’ Rule vs. ‘Exclusive Jurisdiction’ 
Do You Know the Rule? Texas ‘Exclusive Remedy’ Rule vs. ‘Exclusive Jurisdiction’ 

Mexia, TX (WorkersCompensation.com) -- People occasionally confuse the two issues, but the exclusive remedy provision of the Texas Workers’ Compensation Act is not the same as the exclusive jurisdiction provision.  Exclusive Remedy  Under the exclusive-remedy […]
What Do You Think: Could Worker who Lost Part of Finger Sue for Negligence?
What Do You Think: Could Worker who Lost Part of Finger Sue for Negligence?

Houston, TX (WorkersCompensation.com) – In Texas, an employee assigned by a staffing agency to work for the staffing agency’s client may be subject to the exclusive remedy provision of the workers’ compensation statute. If provision […]
What Do You Think: Was Bank Manager Fired for Seeking Paternity Leave or for Forgery?
What Do You Think: Was Bank Manager Fired for Seeking Paternity Leave or for Forgery?

New Canaan, CT (WorkersCompensation.com) – Whether an FMLA retaliation claim proceeds to trial can depend on a variety of factors. A case involving a store manager for T.D. Bank shows that one factor that can […]
What Do You Think: Did Not Mentioning Prior Accidents Put Brakes on Truck Driver’s Claim?
What Do You Think: Did Not Mentioning Prior Accidents Put Brakes on Truck Driver’s Claim?

West Babylon, NY (WorkersCompensation.com) – An employer in New York may be able to avoid a workers’ compensation claim if it can establish that the employee made false statements in order to obtain benefits. One […]
What Do You Think: Can Amazon Driver Shot by Masked Assailant Collect Workers’ Compensation?
What Do You Think: Can Amazon Driver Shot by Masked Assailant Collect Workers’ Compensation?

Bloomfield, NJ (WorkersCompensation.com) -- It can be challenging to determine whether an act of violence in the workplace “arises out of employment” for workers’ compensation benefits. A New Jersey case illustrates the clues decision-makers in […]
What Do You Think: Was Falling into Hole on Way to Car ‘In Course of Employment?’
What Do You Think: Was Falling into Hole on Way to Car ‘In Course of Employment?’

Kenner, LA (WorkersCompensation.com) – An employee who is done with her work day may not be done with her work day for workers’ compensation purposes. Just because she’s turned off her computer, rinsed out her […]
Do You Know the Rule? N.Y. Presumption of Compensability for Workplace Assaults
Do You Know the Rule? N.Y. Presumption of Compensability for Workplace Assaults

Albany, NY (WorkersCompensation.com) -- In New York, it’s presumed that an injury which occurs in the course of work also arises out of employment and is thus compensable under the state’s workers’ compensation law. That […]