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Negligence › Workers' Compensation Claim › Employer Liability Issues

Morris James LLP

Finger Amputations at Work: Understanding Your Rights and the Path to Recovery

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Losing a finger on the job is more than a painful injury—it’s a life-altering event that can disrupt your livelihood, limit your independence, and leave you facing a long and uncertain recovery. Whether caused by faulty...more

Marshall Dennehey

Delaware Superior Court Reverses Industrial Accident Board Decision, Holding the Board Erred as a Matter of Law and Abused Its...

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United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024) - On June 8, 2021, at approximately 4 a.m., Mr. Willis was involved in single-vehicle accident when his work truck struck a guardrail. The...more

Goldberg Segalla

Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

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Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...more

Goldberg Segalla

N.J. Supreme Court Rules No Coverage Available due to Intentional Wrong Exclusion in Policy

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On December 12, the New Jersey Supreme Court ruled that there was no coverage available to an employer for its employee’s workplace personal injury lawsuit under the employer’s workers’ compensation and employer’s liability...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

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

Jackson Lewis P.C.

Employer Not Liable For Spouse’s COVID-19 Infection, California Court Rules

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One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly...more

Genova Burns LLC

A Forklift Operator Walks into a Bar

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On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty. In Hocutt v. Minda...more

Rumberger | Kirk

Intersection Between COVID-19 and Worker's Compensation Immunity: Are Employers at Risk of Civil Litigation?

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Florida employers may be at risk of civil litigation if employees successfully circumvent the workers’ compensation scheme for COVID-19 related injury or death during the course and scope of their employment.  In fact,...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

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Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) - The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers....more

Vinson & Elkins LLP

The Novel Coronavirus Is Giving Rise To Novel Lawsuits Against Employers

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Typically, an employees’ exclusive remedy for work-related injuries is through their state’s workers’ compensation system. As an example, suppose an employee suffers a work-related injury as a result of her employer’s...more

Jackson Walker

COVID-19 and the Non-Subscriber Employer

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The COVID-19 pandemic has triggered unprecedented challenges for companies striving to ensure a safe work environment. Scrutinizing the manner in which companies have addressed these challenges has so far been conducted...more

Ward and Smith, P.A.

Liability Waivers and Questionnaires in the Time of COVID-19

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As businesses begin to re-open and re-engage their workforce, and in light of the ongoing COVID-19 pandemic, it is worth exploring requiring your employees (and in certain circumstances, customers) to execute a liability...more

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

2018 Arizona Legislative Session: What’s New for Arizona Employers?

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Arizona’s fifty-third legislature ended in early May of 2018 while over 50,000 demonstrators protested for increased education funding at the state capitol. While the #RedForEd movement essentially ground all remaining...more

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

Louisiana Court Holds Employer Responsible for Failing to Protect Employee From Off-Duty Threat of Violence by Coworker

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A Louisiana appellate court has ruled an employee may sue her employer for negligence for injuries sustained on the job when the injuries resulted from a dispute that began outside of work. The case is particularly...more

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