Case File When it comes to latent disease cases, the Washington Supreme Court did away with a decade-old precedent case to hold that an employer's virtual certainty that disease will occur satisfies the "actual knowledge" […]
Case File A worker lost his life due to an accident while working on the New Jersey turnpike, but the court didn't find enough to show that the employer committed "willful" violations for purposes of […]
Courts & Compliance Like quite a few states across the country, New Jersey's Workers' Compensation Act contains an exclusive remedy provision under which employees relinquish their right to pursue common-law remedies -- in other words, […]
Do You Know the Rule? If an employee wants to sue an employer for personal injuries based on a work-related accident, she is generally out of luck. The Pennsylvania Workers’ Compensation Act is the exclusive […]
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 […]