What Do You Think? Establishing intentional tort for a work-related injury is a bit like finding oil in the backyard. It’s really unlikely. A case involving two oil refinery workers who were tragically burned on […]

Case File When a roofer fell off a roof without fall protection of any kind, how much did the builder know about it? Not much, and that made all the difference in the case. Simply […]

What Do You Think? Employers who carry workers' compensation coverage are generally protected from personal injury lawsuits over employee injuries. But there are exceptions.  In Oregon, for example, an injured worker can still sue for personal […]

What Do You Think? Can an employee who suffers mental health injury at work sue his employer for monetary damages, or is his only relief the state workers’ compensation act? A Pennsylvania case addressed whether […]

What Do You Think? In New York, when there a subcontractor has workers’ compensation coverage, the injured employee may still be able to sue the general contractor for negligence. But this is generally not the […]

What Do You Think? An employer can sometimes avoid a negligence lawsuit by demonstrating that the workers’ compensation act applies to the injury, making those benefits the employee’s sole available remedy.  One case, in addition […]

What Do You Think? The exclusive remedy rule bars most injured workers from suing their employer, or their deceased spouse’s employer, in tort. A case involving a general manager for a funeral home company addressed […]

Case File A contractor did what it was supposed to under workers' compensation law in Mississippi to make sure its subcontractor provided workers' compensation benefits, so when the subcontractor's owner opted out of coverage, he […]