What Do You Think? The “affirmative act” exception to Georgie's exclusivity rule allows employees injured at work to sue employers for personal injury under certain circumstances. A case involving a teen tragically killed while running […]

What Do You Think? Employers who take negative action against an employee after the employee exercises FMLA rights may face a retaliation claim. But how negative does the action have to be? A case involving […]

What Do You Think? Employers and supervisors are generally protected from personal injury lawsuits if they maintain workers’ compensation coverage. But those protections may cease if a supervisor injures someone while acting outside the scope […]

What Do You Think? Prior to June 2025, it was harder in New York for claimants to obtain benefits for PTSD. Essentially, they had to show that extraordinary stress at work caused the condition. A […]

What Do You Think? The exclusivity rule protects employers from negligence and other tort lawsuits only to the extent that the injury arose out of and in the course of employment. A recent case involving […]

What Do You Think? In many states, injured employees have two years to file a petition for benefits. That includes Florida. That state also “tolls” the limitations period for one year as of the date […]

What Do You Think? In Tennessee, a heart attack at work may be compensable if it is precipitated by an unusual event. But how unusual does it have to be? Are we talking about a […]

What Do You Think (times two)? When an employee is sent to work across state lines and is injured there, the determination of which state’s law applies can dramatically impact the employer’s liability. Employers need to […]