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Workers' Compensation Claim Wrongful Death Workplace Safety

Cranfill Sumner LLP

Understanding the Limits of Employer Liability Under North Carolina’s Woodson Exception

Cranfill Sumner LLP on

The exclusivity provision of the North Carolina Workers’ Compensation Act (the “Act”) normally prevents an employee from suing his employer in civil court for work injuries.  The employee is normally relegated to filing a...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more

Cranfill Sumner LLP

Death Claim Series - To Whom are the Benefits Owed?

Cranfill Sumner LLP on

Over the last several weeks, I have been releasing a series of articles on North Carolina Workers’ Compensation Death Claims. This series addresses the following five over-arching issues...more

Fisher Phillips

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

Fisher Phillips on

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

Rumberger | Kirk

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

Rumberger | Kirk on

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

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Cozen O'Connor

The Interplay Between OSHA And Wrongful Death, Tort, And Gross Negligence Claims In The COVID-19 Era

Cozen O'Connor on

OSHA practitioners who have handled citations involving fatalities or severe injuries are most likely no strangers to considering how these citations including the alleged violation description might affect collateral...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 22, August 2020

COVID-19 and Unprecedented: Litigation Insights, Issue 22 In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more

Proskauer - California Employment Law

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

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

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 8

This eighth edition of Unprecedented, our weekly update on COVID-19-related litigation, follows what we hope was a restful and meaningful Memorial Day weekend. For the third week in a row, shutdown challenges, workers'...more

Stinson LLP

COVID-19 Workplace Illness and Death Claims - Another Concern for Employers as Businesses Resume Operations

Stinson LLP on

Workers' compensation normally provides the exclusive remedy for employee injuries and occupational diseases that arise in the course and scope of employment. When an employee gets hurt at work, the employer doesn't have to...more

Troutman Pepper Locke

February 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

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