Case File A worker's journey to workers' compensation benefits blocked his path to a gross negligence claim. Simply Research subscribers have access to Oklahoma caselaw and compliance material. Case Cactus Drilling Co. LLC. v. Kirkland, […]

State Snapshot BASIC RULE Workers’ compensation is an employee’s exclusive remedy for injuries that arise out of employment and occur in the course of employment. NRS 616A.020. Employers are immune to most civil lawsuits concerning […]

Case File A deceased worker's co-employees argued that they could not face a tort claim for the worker's workplace death because they worked for a public employer. The Iowa Supreme Court looked at the definition […]

Case File A worker's death was due to safety lapses on the jobsite, but because his coworkers didn't actually know of the peril. Simply Research subscribers have access to the full text of the decision. […]

State Snapshot BASIC RULE Workers’ compensation is an employee’s exclusive remedy for injuries that arise out of employment and occur in the course of employment. Ind. Code § 22-3-2-6. This means that the employee cannot […]

State Snapshot BASIC RULE In New Mexico, workers’ compensation is the exclusive legal remedy for workplace injuries.  N.M. Stat. Ann. 52-1-6(E). This means that the employee cannot sue the employer in tort (where the employee might […]

Case File An immunity provision under Oregon law that applied to workers' compensation coverage ran afoul of the state's constitution because it left workers without a counterbalance hefty enough to offset the common-law remedy taken […]

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 […]