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Could Steel Workers Crushed by Stacks of 4-ton Pipes Sue in Tort?
Could Steel Workers Crushed by Stacks of 4-ton Pipes Sue in Tort?

What Do You Think? One way employees can get around the exclusive remedy provision and sue an employer in tort for money damages is by showing the employer purposely injured them. But is it enough […]
Did Employer Manufacture Mobile Home Manager’s Flaws so it Could Fire Her?
Did Employer Manufacture Mobile Home Manager’s Flaws so it Could Fire Her?

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 […]
Did Claim from Other Job Extend Deadline to File Against Spray Paint Manufacturer?
Did Claim from Other Job Extend Deadline to File Against Spray Paint Manufacturer?

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 […]
What’s the Difference Between an ‘Employee’ and a ‘Contractor’ in Virginia?
What’s the Difference Between an ‘Employee’ and a ‘Contractor’ in Virginia?

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 […]
Was Worker Hospitalized for Depression Entitled to Notice of FMLA Rights?
Was Worker Hospitalized for Depression Entitled to Notice of FMLA Rights?

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 […]
Hoist Failure Injures Worker, Raises N.Y. Labor, Insurance Law Questions
Hoist Failure Injures Worker, Raises N.Y. Labor, Insurance Law Questions

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. […]
Worker’s Medical Evidence Carries Day on Questions about Fall from Ladder
Worker’s Medical Evidence Carries Day on Questions about Fall from Ladder

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 […]
Was Volunteer Crushed at School Charity Event Covered by Workers’ Comp?
Was Volunteer Crushed at School Charity Event Covered by Workers’ Comp?

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 […]