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 […]

State Snapshot BASIC RULE In New Hampshire, workers’ compensation is the exclusive legal remedy an employee has for work-related injuries or occupational diseases against their employer and the employer’s insurer. RSA 281-A:8. This means that […]

What Do You Think? Survivors of Texas employees who die at work can sometimes sue employers for wrongful death. But, no matter how tragic or dramatic the death, they’ll have one especially big hurdle in […]

Case File In a case of first impression, the Tennessee Supreme Court found that the UCC supplied an appropriate framework to help determine whether the state's exclusive remedy rules applied to a vendor-vendee relationship. Simply […]