What Do You Think? In New York, an employee receiving permanent partial disability benefits may seek reclassification so that she can continue receiving benefits based on permanent total disability. When determining whether or how to […]

What Do You Think? Whether an injured worker is entitled to total disability benefits or partial disability benefits can hinge on whether he continues working at a second job. That’s one reason it may be […]

What Do You Think? The coming and going rule bars most workers’ compensation claims based on injuries sustained during a commute. In California, the “special risk” rule is an exception that covers injuries that occur […]

What Do You Think? To recover for a mental injury, it must be caused by work-related stress that is truly unusual for the job in question. Because firefighters respond to a lot of difficult situations, […]

What Do You Think? Firefighting is a difficult and dangerous job. So, when a firefighter gets hurt at work, one assumes the injury occurred when he or she was heroically battling a dangerous conflagration–not when […]

What Do You Think? Employers who carry workers' compensation coverage are generally protected from personal injury lawsuits over employee injuries. But there are exceptions.  In Oregon, for example, an injured worker can still sue for personal […]

What Do You Think? Employers must engage in the interactive process concerning an employee’s need for an accommodation under the ADA. But what if an employee clearly has a disability but doesn’t identify the accommodation […]

What Do You Think? An employee must be performing employment services at the time of injury to have a compensable claim in Arkansas. Is an employee driving to a work conference performing such services? What […]