What Do You Think? Workers’ compensation judges may consider a variety of factors when determining whether a claimant is permanently disabled. A case involving a worker injured operating a front-end loader highlights the type of […]
What Do You Think? In Delaware, a “displaced worker” is generally entitled to total disability benefits. When that’s the case, there may be no end to the payments the employer or carrier must make. A […]
What Do You Think? With states generally allowing individuals to carry guns, including at work, an interesting issue is whether a shooting accident at work can trigger a compensable claim. A case involving a claimant […]
What Do You Think? FMLA retaliation lawsuits typically come down to whether there’s a causal link between an employee’s exercise of FMLA rights and the employer's adverse actions, such as termination. In the absence of […]
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 […]
What Do You Think? A “travelling employee” who is injured while travelling may be entitled to workers’ compensation. But doesn’t every employee “travel” in some sense of the word? A case involving a handyman who […]
What Do You Think? Employers may have to provide workers’ compensation benefits when an employee is injured while driving for the company. But is that also true when an employee is injured solely because he […]
What Do You Think? A carrier or employer may be able to issue a “back-up denial” of a claim it has already accepted if it turns out that it was misled by the claimant. A […]