What Do You Think? The exclusive remedy provision protects employers with workers’ compensation coverage from being sued for negligence by their employees. If an employee dies during work, does that protection always extend to lawsuits […]
BASIC RULE Workers’ compensation is an employee’s exclusive remedy for injuries that arise out of employment and occur in the course of employment. KRS 342.690(1). This means that the employee cannot sue the employer in […]
Case File Did a manufacturer who contracted for the delivery and transportation of raw materials qualify as a "contractor" entitled to "up-the-ladder" immunity from tort liability? Because hauling limestone was necessary to enable the manufacturer […]
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 […]