State Snapshot BASIC RULE In New Mexico, workers’ compensation is the exclusive legal remedy for workplace injuries. N.M. Stat. Ann. 52-1-6(E). This means that the employee cannot sue the employer in tort (where the employee might […]
Do You Know the Rule? To be compensable, an injury must occur in the course and scope of employment and arise out of employment. ’Under the street-risk rule, an injury that occurs while an employee is […]
Case File A Massachusetts worker sought reemployment under a preference granted by state law, but did the employer have to comply? The full text of the case is on Simply Research. Case Ledoux v. Bristol […]
What Do You Think? Arizona generally gives employees a year from the time of injury to file a workers’ compensation claim. But what if an employee doesn’t know that her illness is the type of […]
What Do You Think? FMLA retaliation lawsuits typically come down to whether there’s a causal link between an employee’s exercise of FMLA rights and the employer's adverse actions, such as termination. In the absence of […]
What Do You Think? Employees can sustain compensable injuries when they walk from the building where they work to a designated employee parking lot. But what if an employee gets injured when he leaves an […]
Compliance Corner What does it take for an injured worker in Rhode Island to receive palliative care? State regulations spell out the steps, as Simply Research subscribers know. Here's a look at those steps. Glossary […]
Do You Know the Rule? Under Kentucky law, a party against which a worker makes a claim, but which is not the direct employer of the claimant, may claim "up-the-ladder immunity" by first presenting proof […]