In our April Newsletter, Tyson & Mendes reported a California federal court dismissed a lawsuit filed by the wife of a construction worker. Plaintiff claimed her husband contracted COVID-19 at work and brought the virus home infecting her as well. Following the dismissal, the district court judge gave plaintiff an opportunity to amend her complaint. At a hearing on May 7, 2021, the court upheld the dismissal without further leave to amend. As of this date, it is unknown whether plaintiff will appeal.
Workers’ compensation is a widely utilized form of insurance in the United States for employees injured during the course of their employment. Although most of the public is familiar with the general principles of workers’ compensation, the inner workings of its concepts are complex and require specialized knowledge to fully comprehend.
Nevada was one of the earliest states to adopt a set of industrial insurance laws, which included regulations governing a workers’ compensation program. Since 1913, Nevada has provided its citizens with workers’ compensation benefits. In the last 100 years, the state’s workers’ compensation laws have been in flux and have constantly changed. Because of this, courts are constantly called upon to decide matters regarding benefits for individuals injured on the job.
An individual is injured on the job and accepts workers’ compensation benefits. After accepting the benefits, the worker cannot sue the employer, but may sue others responsible for the injuries. In the lawsuit involving the third parties, fault is apportioned to the employer. Since Arizona law grants the employer’s insurance carrier a lien against any recovery by the worker, can the worker obtain a judicial determination of…
Until now, labor contractors bore the burden of liability for proper payment of wages and securing workers’ compensation for the workers they supply to a business. However, California’s recent passage of Assembly Bill 1897 changes these burdens by the creation of a new law, Labor Code section 2810.3, which becomes effective on January 1, 2015.