Magnifying Glass

‘Statutory Employer’ Questions Move Millwright’s Widow’s Claims Forward
‘Statutory Employer’ Questions Move Millwright’s Widow’s Claims Forward

Case File When a worker died on the job, the employer where he was conducting his work at the time claimed that, as his statutory employer, it was immune from a lawsuit thanks to the […]
Colo. Exclusivity Rules don’t Bar Injured Worker from Seeking UM/UIM Benefits
Colo. Exclusivity Rules don’t Bar Injured Worker from Seeking UM/UIM Benefits

Case File Colorado's top court decided that an employee injured in the course of his employment by the acts of an uninsured or underinsured third-party tortfeasor, and who receives workers' compensation benefits as a result, […]
Exclusive Remedy Knocks Out Mass. Worker’s Claims
Exclusive Remedy Knocks Out Mass. Worker’s Claims

Case File A Massachusetts worker had punched out and was heading to his car to leave for the day when a coworker plowed into him in an employer-owned vehicle. The exclusive remedy provisions of Massachusetts […]
Texas Employer Shows Policy Met State Exclusivity Rules on Worker’s Suit
Texas Employer Shows Policy Met State Exclusivity Rules on Worker’s Suit

Case File Although a worker tried to claim that his Texas employer didn't have the right kind of workers' compensation coverage to satisfy state law in an effort to circumvent the exclusivity remedy defense, evidence […]
Do You Know the Rule? Texas ‘Exclusive Remedy’ Rule vs. ‘Exclusive Jurisdiction’ 
Do You Know the Rule? Texas ‘Exclusive Remedy’ Rule vs. ‘Exclusive Jurisdiction’ 

Mexia, TX (WorkersCompensation.com) -- People occasionally confuse the two issues, but the exclusive remedy provision of the Texas Workers’ Compensation Act is not the same as the exclusive jurisdiction provision.  Exclusive Remedy  Under the exclusive-remedy […]
What Do You Think: Could Worker who Lost Part of Finger Sue for Negligence?
What Do You Think: Could Worker who Lost Part of Finger Sue for Negligence?

Houston, TX (WorkersCompensation.com) – In Texas, an employee assigned by a staffing agency to work for the staffing agency’s client may be subject to the exclusive remedy provision of the workers’ compensation statute. If provision […]
Okla. Top Court Rejects Indemnification as Way to Revive ‘Dual Capacity’ Doctrine
Okla. Top Court Rejects Indemnification as Way to Revive ‘Dual Capacity’ Doctrine

Tulsa, OK (WorkersCompensation.com) -- Could an indemnity clause overcome a state's exclusive remedy provision to allow a negligence tort to go forward? That was the question before the Oklahoma Supreme Court in Knox v. Oklahoma […]
Denial of Shot Employee’s Comp Claim Opens Door to Tort Suit Against Pepsi
Denial of Shot Employee’s Comp Claim Opens Door to Tort Suit Against Pepsi

Medley, FL (WorkersCompensation.com) – Before denying a claim on the basis that it isn’t work-related, an employer should carefully consider the potential risks of doing so. One of those risks for Florida employers is that, […]