Do You Know the Rule? Under the “coming and going rule,” workers in Delaware and other states generally are not entitled to workers’ compensation for injuries that happen on their way to work or on […]

What Do You Think? Establishing intentional tort for a work-related injury is a bit like finding oil in the backyard. It’s really unlikely. A case involving two oil refinery workers who were tragically burned on […]

What Do You Think? In New York, an employee receiving permanent partial disability benefits may seek reclassification so that she can continue receiving benefits based on permanent total disability. When determining whether or how to […]

What Do You Think? Whether an injured worker is entitled to total disability benefits or partial disability benefits can hinge on whether he continues working at a second job. That’s one reason it may be […]

What Do You Think? The use of an illegal drug can easily put an end to a worker’s compensation claim if there is evidence that the drug played a role in the injury. In Mississippi, […]

What Do You Think? The FMLA is not like a Harry Potter movie: it doesn’t take magic words to open the door to medical leave or to trigger an employer’s obligations under the statute. But […]

What Do You Think? The coming and going rule bars most workers’ compensation claims based on injuries sustained during a commute. In California, the “special risk” rule is an exception that covers injuries that occur […]

Do You Know the Rule? In Oregon, the sole remedy for an employee injured during work is workers’ compensation. ORS 656.018. This is known as the “exclusive remedy” provision. There are exceptions to that rule, […]