A number of factors can raise or quell suspicions that an employer terminated an employee in retaliation for filing a workers’ compensation claim. A case involving a property manager highlights some of the actions that […]
What Do You Think? When a spouse dies from an occupational disease, the surviving spouse has one year to file a claim for death benefits. Prior to Sept. 28, 2021, that period (the statute of […]
Caselaw Roundup Whether a worker is an "employee" or an "independent contractor" might not seem like a big deal for getting the job done, it can mean the difference between workers' compensation coverage and no […]
What Do You Think? When an employee takes leave that may be for an FMLA-qualifying serious health condition, the employer must notify the employee of her eligibility to take FMLA leave. A case involving an […]
Case File When a hoist didn't work properly, a worker sustained an injury and questions about New York's Labor Law and indemnification arose. Simply Research subscribers have access to the full text of the decision. […]
Case File Testimony of two doctors was enough for a New York court to find in a worker's favor on the question of whether the worker's injury arose out of and in the course of […]
What Do You Think? Employees normally can’t sue for negligence when they are hurt at work. This is because, generally, their only avenue of relief is the workers’ compensation act. But what if a volunteer […]
Case File While a California worker presented some contradictory information about his injury, they weren't enough to show that he did not experience an injury arising out of and in the course of his employment. […]