What Do You Think? An employer may face significant liability if a worker can show the employer intentionally injured him. That’s because intentional injuries are generally not considered workplace accidents whose sole remedy is workers’ […]

What Do You Think? Florida's heart-lung statute creates a rebuttable presumption that heart disease is an accident that arose from employment for certain first responders, including law enforcement officers. A recent case involving a prison guard […]

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 […]