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Workplace Injury Defense Strategies

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

Goldberg Segalla

Defending HIMP-1 Claims in New York

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If you are receiving dozens – even hundreds – of HIMP-1 demands monthly, you are not alone. And you have options other than simply paying them! The Health Insurance Matching Program (HIMP) process is the means through which...more

Chartwell Law

The Chartwell Chronicles: Florida Workers' Compensation

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In Episode 25 of The Chartwell Chronicles, host Colin Davis is joined by special guest Thomas Marchese from our Tallahassee, FL office. During this episode, Colin and Tom discuss Florida workers' compensation defense and...more

Cranfill Sumner LLP

Pour Decisions: The Intoxication Defense

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What Is the Intoxication Defense? For instances where intoxication/impairment may be suspected, N.C. Gen. Stat. § 97-12 provides a complete defense against a claim for workers’ compensation where the injury and/or death...more

Hinshaw & Culbertson LLP

[Webinar] Executive Director Legal Pitfalls – The Defense Attorney Perspective - January 26th, 1:30 pm - 2:30 pm PT

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As an assisted living Executive Director (ED), you are charged with minimizing risk and preventing legal liability. But in practical terms, do you understand the legal framework that affects your day-to-day decisions? Join...more

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

Wisconsin Supreme Court Limits Tort Claims Related to Conduct Following Worker’s Compensation Injury

On May 20, 2021, the Wisconsin Supreme Court limited the tort claims an employee may bring based on alleged conduct that occurred between injuries covered under the state’s workers’ compensation law. The opinion in Graef v....more

BCLP

HK Court confirms narrow scope of defence available to proprietors under the Factories and Industrial Undertakings Ordinance

BCLP on

In HKSAR v Gammon Construction Limited (HCMA 97/2019) [2020] HKCA 752 (Date of Judgment: 7 September 2020), the Hong Kong Court of Appeal (the “Court”) dismissed a magistracy appeal against the conviction of a principal...more

Jackson Lewis P.C.

Can You Claim Employee Misconduct In An OSHA Citation?

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When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind...more

Butler Snow LLP

"It Wasn't Me" - How Shaggy might help you obtain an early dismissal in your next products case

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Hello readers! It is with great excitement that I, Mitchell K. Morris, assume the editorial reins for Product Lines from Fred E. (Trey) Bourn, III and Kyle V. Miller, who, along with our contributors, have done a fantastic...more

Dentons

Using Surveillance to Aggressively Defend a Claim

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Post-accident video surveillance, social media canvassing, medical record canvassing, and public record document searches are great ways to aggressively defend a claim. These surveillance methods can help establish an...more

Parker Poe Adams & Bernstein LLP

Lack of Clear Procedures Defeats Use of OSHA Employee Misconduct Defense

When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet...more

Fisher Phillips

Don’t Be Bringin’ on the Heartbreak: Are Statements Made During OSHA Informal Conferences Admissible?

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The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more

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