News & Analysis as of August 25, 2025

Workplace Injury

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

Fisher Phillips on 7/9/2025

The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

OSHA Update: Court of Appeals Upholds Employer's Criminal Liability and Maximum Fine in Employee's Death

Littler on 7/30/2018

On July 17, 2018, the U.S. Court of Appeals for the Eighth Circuit affirmed a verdict that had found an employer criminally liable for an employee's fatal fall. ...more

Timing is Everything: Tenth Circuit Overturns Insurer’s Disability Decision as Arbitrary and Capricious

Seyfarth Shaw LLP on 11/6/2017

Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more

OSHA Clarifies Its “Just Say No” to Automatic Post-Accident Drug-Testing Position

Akerman LLP - HR Defense on 10/27/2016

How do employers reconcile automatic drug-testing required by workers’ compensation laws with the provisions of OSHA’s new Rule saying that automatic testing could be retaliatory? Following our recent blog on that issue, many...more

OSHA Settlement May Point Direction on Injury Reporting Policies

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/25/2016

Earlier this year, the Occupational Safety and Health Administration (OSHA) signaled an intention to take employers to task for maintaining policies that required employees to immediately report workplace injuries and...more

Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee

Seyfarth Shaw LLP on 7/15/2016

Seyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences...more

Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

Constangy, Brooks, Smith & Prophete, LLP on 3/2/2016

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the...more

Ontario Court Sentences Project Manager to 3.5 Years in Jail for Fatal Workplace Accident

Littler on 2/17/2016

In a first for the province of Ontario, on January 11, 2016, a construction project manager charged and convicted under the Bill C-45 amendments to the Criminal Code was sentenced to serve time in prison for criminal...more

Additional Risk: Does Your Company Have Additional Insured Coverage for Claims by Contractors’ Employees?

K&L Gates LLP on 12/8/2014

One of the biggest risks oil and gas companies face is a blowout or other catastrophic event that causes serious injury or death. In the aftermath of such an event, companies often find themselves facing lawsuits by injured...more

Don’t Forget That 12 Weeks Really Doesn’t Mean 12 Weeks

Bradley Arant Boult Cummings LLP on 12/2/2014

I frequently receive calls from clients involving an employee who is about to use up all of his available medical leave (FMLA or otherwise), but who has little chance of returning to work anytime soon. Many times, the...more

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