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Case File The Court of Appeals of Georgia held that the exclusive remedy provision of the state’s Workers' Compensation Act is an affirmative defense -- not a matter of subject-matter jurisdiction. This means that the […]

What Do You Think? The “affirmative act” exception to Georgie's exclusivity rule allows employees injured at work to sue employers for personal injury under certain circumstances. A case involving a teen tragically killed while running […]

What Do You Think? Employers who take negative action against an employee after the employee exercises FMLA rights may face a retaliation claim. But how negative does the action have to be? A case involving […]

What Do You Think? Employers and supervisors are generally protected from personal injury lawsuits if they maintain workers’ compensation coverage. But those protections may cease if a supervisor injures someone while acting outside the scope […]

State Snapshot BASIC RULE In Vermont, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 21 V.S.A. § 622. This means that an injured employee cannot sue his employer in tort for […]

What Do You Think? Prior to June 2025, it was harder in New York for claimants to obtain benefits for PTSD. Essentially, they had to show that extraordinary stress at work caused the condition. A […]