Workers Compensation Archives

Working Your Fingers Down to the Bone: Employee Workers’ Compensation Claims and the Employer Duty to Render Medical Assistance

November 5, 2018 9:00am

Most workers in the United States would say they are overworked, underpaid, and are suffering from too much stress due to a variety of issues. In addition, the food we eat is overly processed and we drink sugar-loaded caffeinated drinks as if they were water. All of these things contribute to health problems most working adults endure including obesity, high blood pressure, insomnia, migraines, and stress-related illnesses.

Internships and Workers’ Compensation Exclusivity in Florida

Author: David Lewis

Guest Editor: Tiffany LeMelle

November 5, 2018 9:00am

Exclusivity Generally

In Florida, compensation to employees for on-the-job accidents is regulated by a series of statutes, known collectively as the Workers’ Compensation Law (“WCL”). (Fla. Stat., § 440.01, et seq.) The WCL provides the sole remedy for an injured employee to recover for the harm caused to him or her by the negligence of others while performing their duties. (Fla. Stat., § 440.11(1); see generally Bakerman v. The Bombay Co., Inc., 961 So.2d 259 (Fla. 2007).). In exchange for this streamlined guarantee of compensation, employers are provided with immunity from civil suit by the employee, unless one of two exceptions are met: (1) the employer has failed to secure workers’ compensation coverage for its employees; or (2) the employer causes the employee’s injury through an intentional tort. (Fla. Stat., § 440.11(1)(a)-(b).).

No Good Deed Goes Unpunished? An Overview of Workers’ Compensation Benefits for Volunteers in Nevada

Author: Allison Lawrence

Guest Editor: Raymond K. Wilson Jr.

April 27, 2018 3:03pm

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.

Worker Compensation Carrier’s Lien Subject to Reduction for Employer’s Comparative Fault

Author: Sitar Bhatt

September 29, 2017 1:24pm

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 whether the carrier’s lien should be reduced to account for the employer’s comparative fault?

Exclusive Remedy Eclipse: Light v. California Dept. Of Parks and Recreation

Author: David Kahn

September 9, 2017 11:25am

Attention California employers! When an employer’s conduct falls outside the risks inherent in the employment relationship it loses exclusive remedy protection and the employee’s remedy is to sue the employer

Defending Third-Party Tortfeasors: Seeking Indemnification from Employers of Injured Plaintiffs

Author: Morgan Van Buren

November 19, 2015 7:53pm

The Workers’ Compensation Act (the “Act”) subjects employers to strict liability for injuries sustained by employees while in the course and scope of employment. The Act also makes workers’ compensation benefits the employee’s sole and exclusive remedy against the employer.

Think You Can Outsource Liability? Think Again.

Author: Robert Tyson

October 30, 2014 11:13pm

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.

California Case Law Updates

Author: Daniel Fallon

August 26, 2014 9:27pm

August 2014 California Case Law Updates

Contractor License And Workers Compensation Insurance – Form Over Substance?

Author: David Ramirez, Patrick Mendes, Robert Tyson

May 12, 2014 9:01pm

One issue which is arising more regularly in litigation involves otherwise licensed contractors who, do not have Workers’ Compensation Insurance. This pitfall can have disastrous consequences to the contractor party.

Defending Against a Workers Compensation Case in Civil Court

Author: Jessica Heppenstall

May 9, 2014 8:05pm

An aggressive approach to discovery can combat an unfounded civil lawsuit cloaked in an exception to workers’ compensation exclusivity. The defendant can serve extensive written discovery, including requests for admissions, targeting the basis for specific allegations of willful act and/or intoxication. Declarations and testimony from the plaintiff and other co-workers may be essential in defeating the exclusion.