Magnifying Glass

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, […]
Tenn. Exclusive Remedy Bars Sales Rep’s Tort Claim
Tenn. Exclusive Remedy Bars Sales Rep’s Tort Claim

Gallatin, TN (WorkersCompensation.com) -- It's a bedrock principle of the "exclusive remedy" rule that the "Grand Bargain" provides that an employee injured on the job must seek benefits through the workers' compensation system rather than […]
Quick Hit: Maine Liability for Sexual Harassment
Quick Hit: Maine Liability for Sexual Harassment

Augusta, ME (WorkersCompensation.com) -- If you're thinking about torts and on-the-job injuries, you're probably also thinking about exclusive remedy rules in most states. What an exclusive remedy rule does is prevent someone from suing for […]
Workers’ Compensation and the Intentional Act Exception to the Exclusive Remedy Rule
Workers’ Compensation and the Intentional Act Exception to the Exclusive Remedy Rule

By Gary L. Wickert, Matthiesen, Wickert & Lehrer, S.C. The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage […]
The Future of Workers’ Comp: Innovations and Hurdles Explored at 20th ExecuSummit
The Future of Workers’ Comp: Innovations and Hurdles Explored at 20th ExecuSummit

Hartford, CT (WorkersCompensation.com) -- The 20th Annual Workers Compensation Insurance ExecuSummit convened on January 23, 2024, in Hartford, Connecticut, drawing a gathering of experts and thought leaders in workers' compensation. This summit featured a diverse […]