News & Analysis as of

Workers' Compensation Claim Employer Liability Issues Workplace Injury

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Hendershot Cowart P.C.

Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury

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When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Amends the Warehouse Worker Injury Reduction Act

On February 14, 2025, New York Governor Kathy Hochul signed into law amendments to the New York Warehouse Worker Injury Reduction Act (A2432/S808)....more

Marshall Dennehey

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

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Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more

Marshall Dennehey

The Employers Were Not Required to Reimburse a DHS Lien for the Claimant’s Medical Treatment Until the Medical Providers Submitted...

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Dura-Bond Coating, Inc. v. Ryan (WCAB); No. 1137 C.D. 2023, Filed November 18, 2024; Judge Covey - The claimant suffered amputations of both lower extremities. A workers’ compensation judge granted a Claim Petition and...more

Maison Law

Worker's Compensation Denied in California: What to Do Next

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Workers’ compensation is considered a no-fault insurance system. Basically, it is intended to help injured workers get financial compensation for their lost wages and medical expenses if they are injured at work. However,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Labor Code Section 132a—When Claims of Discrimination Are Brought Before the Workers’ Compensation Appeals Board

Pursuant to Labor Code section 132a, California has declared that “there should not be discrimination against workers who are injured in the course and scope of their employment.”...more

Chartwell Law

2025 New Jersey Workers’ Compensation Rate Update

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As we approach the New Year, it’s important to stay informed about changes that may impact your workers’ compensation processes. With the beginning of 2025, there are updates to the statutory maximum and minimum compensation...more

Bricker Graydon LLP

Office Parties Gone Wild - Should an Employer Require Recreational Activity Waivers for Employees Participating in Workplace...

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As we head into the holiday season, we all find ourselves busy with work-related parties, events, and get- togethers of many different types. From time to time, businesses host employee parties or other offsite events to keep...more

Chartwell Law

Implications of Recent Spike in Inflation on Workers’ Compensation Claims

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Overview of Medical Inflation and Workers’ Compensation - Inflation began to spike in late 2021 and has continued to rise at a moderate to high rate through 2024. According to the U.S. Bureau of Labor Statistics, as of...more

Cranfill Sumner LLP

Statutory Timelines for Defendants in North Carolina Workers’ Compensation Claims

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North Carolina Workers’ Compensation claims are governed by Chapter 97 of the North Carolina General Statutes. What follows are timelines for Defendants set forth in the statutes...more

Cranfill Sumner LLP

Statutory Timelines for Plaintiffs in North Carolina Workers’ Compensation Claims

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North Carolina Workers’ Compensation claims are governed by Chapter 97 of the North Carolina General Statutes. What follows are timelines for Plaintiffs set forth in the statutes...more

Cranfill Sumner LLP

Elements Required to Prove an Injury by Accident in North Carolina Workers’ Compensation Claims

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Whether a claim is compensable may depend on what type of injury/disease is alleged.  The four major types of workers’ compensation claims are...more

Cranfill Sumner LLP

Is This Claim Compensable? Elements Required to Prove Compensability for a Back Claim in North Carolina

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Whether a claim is compensable may depend on what type of injury/disease is alleged.  The four major types of workers’ compensation claims are...more

Cranfill Sumner LLP

Recommendations for Best Defense Practices at the Outset of a Workers’ Compensation Claim

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You should take the following steps at the outset of a new claim - Ensure that an Industrial Commission Form 19: Employer’s Report of Employee’s Injury or Occupational Disease to the Industrial Commission has been...more

Weber Gallagher Simpson Stapleton Fires &...

Tis the Season!! Compensability of Accidents During Work Holiday Events: Insights from New Jersey Case Law

As the holiday season approaches, many employers host festive events to celebrate with their employees. While these gatherings can foster camaraderie and boost morale, they also raise questions about workers’ compensation...more

Goldberg Segalla

Defending HIMP-1 Claims in New York

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If you are receiving dozens – even hundreds – of HIMP-1 demands monthly, you are not alone. And you have options other than simply paying them! The Health Insurance Matching Program (HIMP) process is the means through which...more

Woodruff Sawyer

Navigating Workers’ Compensation Psych Claims

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Workers’ compensation stress claims can be, well, stressful. Both the employee who has filed the claim and the employer who must handle it experience frustrations. Also, stress claims (also called psych claims) are often...more

Maison Law

Worker's Comp Versus Personal Injury in California

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According to the United States Bureau of Labor Statistics, a reported 419,000 private-sector employees in California sustained workplace injuries and illnesses in 2022. Workplace incidents in the state claimed 508 employees'...more

Bricker Graydon LLP

OSHA Isn’t the Only Sheriff in Town After a Workplace Injury

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Ohio employers have a duty to provide their employees with a workplace that is free from known dangers that could harm employees. Unfortunately, injuries can and do happen, even in safe workplaces....more

Spilman Thomas & Battle, PLLC

A Case Law Update on West Virginia Supreme Court of Appeals Rulings Impacting Workers’ Compensation Claims

Over the last approximately 12 months, the West Virginia Supreme Court of Appeals has issued numerous decisions impacting workers’ compensation claims, addressing (1) apportionment calculations of preexisting awards and...more

Littler

Revised Poster Requirement in Massachusetts Starting September 16, 2024

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The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024....more

Chartwell Law

The Chartwell Chronicles: New Jersey Attorney Fees

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In Episode 31 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss the new law in New Jersey relating to workers' compensation attorney fees. Please make sure to like and subscribe to The Chartwell...more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

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Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

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