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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 […]
What Must Colorado Insurers Survey Workers’ Comp Claimants About?
What Must Colorado Insurers Survey Workers’ Comp Claimants About?

Compliance Corner Under Colorado law, insurers must hit claimants up for some survey information. What does the Rocky Mountain State look for from such surveys? Thanks to Simply Research, we take a gander. Who gets Surveyed? […]
How do Connecticut Workers get Paid for Treatment Time, Hearings?
How do Connecticut Workers get Paid for Treatment Time, Hearings?

Compliance Corner When an injured worker in Connecticut has to miss work to get treatment for a work-related injury, how does she get paid? What about when the worker has to show up at a […]
What Must Employers Pay to the Second Injury Fund in Minnesota?
What Must Employers Pay to the Second Injury Fund in Minnesota?

Compliance Corner In Minnesota, state law directs provides how employers contribute to the second injury fund. Thanks to Simply Research, we highlight how the North Star States makes its calculations. Reports, Assessments On or before […]