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Exclusive Remedy in Alaska
Exclusive Remedy in Alaska

State Snapshot BASIC RULE In Alaska, workers’ compensation is an employee’s sole legal remedy for a work-related injury. Alaska Statutes § 23.30.055. This is the “exclusiveness of liability” provision (or “exclusive liability” provision). The rule […]
Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine
Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine

Case File The Supreme Judicial Court of Maine held that eligibility for workers' compensation death benefits hinges on dependency at the time of the injury, not at the time of death. Because the statute does […]
Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury
Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury

Case File A worker's hand was crushed by a 2,500-pound check valve during a plant turnaround project. Could he avoid Louisiana workers' compensation exclusivity by alleging an intentional tort and suing the plant owner? Case […]
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier

Case File An Oregon worker injured in a collision with an ODOT snowplow could not pursue a negligence claim against the state despite arguing that the statutory bar violated the Oregon Constitution's Remedy Clause. The […]
Was Mill Worker Injured During Off-hours Rescue Limited to Workers’ Comp?
Was Mill Worker Injured During Off-hours Rescue Limited to Workers’ Comp?

What Do You Think? When an employee’s injury does not arise out of employment, he may be able to sue his employer for negligence. But what if the employee is engaging in a work-related task, […]
N.C. Ag. Worker’s Heatstroke Injury doesn’t Show ‘Intentional’ Tort for Exclusive Remedy Purposes
N.C. Ag. Worker’s Heatstroke Injury doesn’t Show ‘Intentional’ Tort for Exclusive Remedy Purposes

Case File Although a North Carolina corporation was cited for a previous heat-related death, its failure to follow a series of steps that could have prevented a worker's heatstroke didn't show "intentional" conduct sufficient to […]
Delaware’s Exclusive Remedy Rule
Delaware’s Exclusive Remedy Rule

State Snapshot BASIC RULE In Delaware, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 19 Del. C. § 2304. This means that an injured employee cannot sue his employer in tort […]
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim

Case File When a fire inspector/firefighter attempted to claim that he was traveling from one inspection site to another, an email and a map conspired to defeat his argument that he was on the clock […]