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 […]
What Do You Think? It’s probably not much fun investigating sexual harassment at a university, or anywhere else, for that matter. The stress might even trigger mental health challenges -- as it apparently did in […]
What Do You Think? In Illinois, if a “borrowed employee” injures a worker, the borrowing employer's workers' compensation coverage likely applies. If that's the case, then the injured worker can't sue the employee's general (original) […]
What Do You Think? The FMLA allows an eligible employee to take leave to care for a spouse or other family member. Employees that interfere with that right risk retaliation lawsuits. A case involving a […]