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Employer Liability Issues › Exclusive Remedy

Fisher Phillips

Texas Supreme Court Lets Employers Shift Fault To Third Parties In Worker Injury Suits: Key Takeaways For Workers’ Comp...

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Texas employers that opt out of the state’s workers’ compensation program recently received a big win that will impact litigation strategies. While workers’ comp provides a no-fault system, employers that elect not to...more

Fisher Phillips

Pending California Case Could Upend Workers’ Compensation “Exclusive Remedy” for COVID-19 Claims

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One silver lining for employers during the pandemic has been the reality that they shouldn’t fear any potential tort liability for COVID-19 cases stemming from the workplace – or should they? Most employers (and attorneys and...more

Laughlin, Falbo, Levy & Moresi LLP

COVID-19 Case Finds Traction in Federal Court

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California employers are subject to important safety standards intended to help avoid employee exposures to COVID-19. Cases of actual or alleged exposure may implicate employers’ workers’ compensation coverage, with one...more

Laughlin, Falbo, Levy & Moresi LLP

Mitigating Civil Liability for California COVID-19 Work Exposures

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As we enter the tenth month of this pandemic, it is becoming increasingly clear that life must, and will, return to some degree of post-pandemic ‘normalcy’ in order to ensure our economic survival. ...more

Fisher Phillips

Could A Mistake by Your Company Nurse Lead to Civil Liability in North Carolina?

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Employers have long operated under the premise that the North Carolina Workers’ Compensation Act provides the exclusive remedy for workers injured on the job. Indeed, section 97.-10.1 of the North Carolina Workers’...more

Nossaman LLP

A Further Extension Of Coverage For Intentional Acts

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Following the June 4, 2018 landmark decision by the California Supreme Court in Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, 5 Cal. 5th 216 (2018), the insurance industry is not taking the...more

Ruder Ware

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

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Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Fisher Phillips

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

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The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

Stoel Rives - World of Employment

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

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In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

Carlton Fields

Florida Supreme Court Thwarts Attempt to Circumvent “Exclusive Remedy” Provision

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Most states limit a worker’s remedies for work-related injuries to a workers’ compensation claim against the employer. Such "exclusive remedy" provisions codify a longstanding compromise whereby employers trade liability,...more

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