What Do You Think? Employers face numerous legal risks when responding to an employee who mentions that he has a disability. One of those risks is that supervisors will respond with negative comments that could […]
What Do You Think? An employer may face significant liability if a worker can show the employer intentionally injured him. That’s because intentional injuries are generally not considered workplace accidents whose sole remedy is workers’ […]
What Do You Think? Florida's heart-lung statute creates a rebuttable presumption that heart disease is an accident that arose from employment for certain first responders, including law enforcement officers. A recent case involving a prison guard […]
What Do You Think? An employer can get sued for failing to reasonably accommodate an employee with a disability. But did you know that courts may award punitive damages to a worker who wins her […]
What Do You Think? Employees generally can’t sue employers for monetary damages in court. Workers’ compensation is the exclusive remedy, in most cases, and tends to zap those cases right out of court. But consider […]
What Do You Think? Employers can engage in FMLA interference by taking adverse action, or threatening to do so, in response to an employee’s use of FMLA leave. That was a laboratory technician’s claim in […]
What Do You Think? To be compensable, an injury must be caused by the job in some way. A case involving the suicide of a police officer shows how critical expert testimony can be to […]
What Do You Think? The special mission exception can make an injury compensable even when it occurs while the employee is travelling. This can include travel to a company meeting. But what if the meeting […]