What Do You Think? Employees may be entitled to worker’s compensation benefits if an accident causes an injury that is outside of common knowledge. But they will need reliable medical testimony to show the injury […]

Case File Without evidence of an intentional tort committed, instigated, or authorized by her employer, a New York worker couldn't establish that the sexual assault she experienced at the hands of her supervisor for nine […]

What Do You Think? Employers who fire or take other negative action against an employee who files a worker’s compensation claim may face retaliation lawsuits. But what if the injured employee hasn’t taken steps to […]

Case File When is a workplace assault compensable under Florida's Workers' Compensation Law? When the work environment exposes the worker to an increased risk of assault. Case Bouayad v. Normandy Ins. Co., No. SC2023-1576 (Fla. […]

Glossary Check Workers' compensation fraud might be the kind of thing that you think you know when you see, but state law usually has a definition for it. That's the case in Hawaii, which, as […]

Case File The U.S. District Court for the Northern District of Mississippi held that a workers' compensation claimant must fully exhaust all administrative remedies before filing a bad faith or breach of good faith and […]

State Snapshot BASIC RULE In Maine, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 39-A M.R.S. § 104. This is the case for all personal injuries and deaths or occupational diseases […]

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 […]