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 […]
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 […]
Do You Know the Rule? West Virginia applies the “increased risk” test to determine whether a worker’s injury arises out of employment and is thus potentially compensable. The test helps a decisionmaker determine whether the […]
Do You Know the Rule? In Pennsylvania, a workers’ compensation claimant has to prove that he sustained an injury. He also needs to show that his job caused the injury. Because the employee bears the […]
The “exclusive remedy” rule is not the only thing that can stop an employee from suing a company for negligence when the company has workers’ compensation coverage. An Ohio case involving an employee who said […]
Do You Know the Rule? In New Mexico, employers and carriers may find themselves on the hook for payments beyond the workers’ compensation benefits they owe if a claimant shows they engaged in "bad faith." […]
Do You Know the Rule? What is the coming and going rule? When an employee is injured on his way to or from work, the injury is not compensable because it is not considered to […]
Do You Know the Rule? The Basics on Wage Subsidies To further encourage employers to maintain the employment of their injured workers, a State of Washington employer insured with the department that offers work to […]