State Snapshot BASIC RULE In Alaska, workers’ compensation is an employee’s sole legal remedy for a work-related injury. Alaska Statutes § 23.30.055. This is the “exclusiveness of liability” provision (or “exclusive liability” provision). The rule […]

Case File A worker's hand was crushed by a 2,500-pound check valve during a plant turnaround project. Could he avoid Louisiana workers' compensation exclusivity by alleging an intentional tort and suing the plant owner? Case […]

What Do You Think? When an employee’s injury does not arise out of employment, he may be able to sue his employer for negligence. But what if the employee is engaging in a work-related task, […]

Case File Although a North Carolina corporation was cited for a previous heat-related death, its failure to follow a series of steps that could have prevented a worker's heatstroke didn't show "intentional" conduct sufficient to […]

State Snapshot BASIC RULE In Delaware, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 19 Del. C. § 2304. This means that an injured employee cannot sue his employer in tort […]

Case File Without evidence of an intentional tort committed, instigated, or authorized by her employer, a New York worker couldn't establish that the sexual assault she experienced at the hands of her supervisor for nine […]

What Do You Think? Employers who fire or take other negative action against an employee who files a worker’s compensation claim may face retaliation lawsuits. But what if the injured employee hasn’t taken steps to […]

State Snapshot BASIC RULE In Maine, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 39-A M.R.S. § 104. This is the case for all personal injuries and deaths or occupational diseases […]