What Do You Think? In Ohio, as in many states, employees cannot obtain workers’ compensation benefits if their intoxication caused them to get injured. A case involving a vacuum packaging line associate who got his […]

Case File A construction contractor's lack of control over a law enforcement officer's work directing traffic around a project meant that it was not the officer's joint employer for workers' compensation purposes. Simply Research subscribers […]

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 […]