What Do You Think? The exclusive remedy rule protects employers from personal injury lawsuits by limiting most injured employees to workers’ compensation benefits. In Louisiana, and other states, employees can skirt that rule by showing […]
Case File Because an ALJ didn’t give enough to indicate how a worker could continue doing her clerical job and be unable to work at the same time, the Kentucky Supreme Court thought it best […]
What Do You Think? A child who is a dependent may be entitled to workers’ compensation benefits when a parent dies at work. A case involving a deceased Rite Aid worker with a 29-year-old son […]
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 […]
What Do You Think? An injured employee in Illinois may be entitled to workers’ compensation benefits as long as she was not acting intentionally or recklessly. But what if she were injured while driving from […]
What Do You Think? Does violating a safety rule at work mean the resulting injury isn’t compensable? Sometimes. A case involving a maintenance man for a milk manufacturing company whose finger was partially amputated addresses […]
Case File When a carpenter suffered a fatal pulmonary embolism and collapsed into shallow water at a jobsite, the key question on appeal was whether the employment created a compensable risk. Simply Research subscribers have […]
Case File Because the term "toll" meant to "suspend, stop temporarily, or abate the limitations period," rather than extend a discrete one-year period to file additional claims, a Florida teacher's receipt of benefits stopped the […]