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 […]
What Do You Think? The “affirmative act” exception to Georgie's exclusivity rule allows employees injured at work to sue employers for personal injury under certain circumstances. A case involving a teen tragically killed while running […]
What Do You Think? Employers and supervisors are generally protected from personal injury lawsuits if they maintain workers’ compensation coverage. But those protections may cease if a supervisor injures someone while acting outside the scope […]
State Snapshot BASIC RULE In Rhode Island, workers’ compensation is an employee’s exclusive legal remedy for work-related injuries. R.I. Gen. Laws § 28-29-20. This means that an injured employee cannot sue his employer in tort […]
What Do You Think? The exclusivity rule immunizes employers from most personal injury lawsuits. But it does not save them from having to initially use their legal resources to try and get a personal injury […]
What Do You Think? The exclusive remedy rule protects employers who carry workers’ compensation coverage from most personal injury lawsuits. A New York case involving a porter who injured his hand reaching into an elevator […]