News & Analysis as of

Workplace Injury Employee Rights

Parker Poe Adams & Bernstein LLP

Can Employers Fire Workers for Failure to Report Workplace Injuries?

Companies attempting to manage workers' compensation expenses often express frustration over injury claims made by employees weeks or even months after the alleged incident occurred. In some situations, such as those...more

Seyfarth Shaw LLP

Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace...

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On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation....more

Fisher Phillips

New York Employers Need to Prepare for Three Major Workplace Laws Taking Effect in June

Fisher Phillips on

New York employers will see three significant workplace laws come into effect in June, and retail, warehouse, and fashion industry employers throughout the state need to take notice. You’ll face new requirements for workplace...more

Marshall Dennehey

Post-Accident Drug Testing and Consent: Evaluating Reasonable Suspicion Under Florida Workers’ Compensation Law

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Juan Maldonado v. D & A Building Services, Inc./Bridgefield Casualty Insurance Company, OJCC Case No.: 24-018373NPP - The claimant was injured in a workplace accident and subsequently hospitalized. Following the incident, the...more

Marshall Dennehey

Disputed Claims and Credibility Challenges: Workers’ Compensation Case Dismissed After Bifurcated Trial

Marshall Dennehey on

Makins v. Palace Rehab & Care Ctr. and Premier Cadbury, LLC, No. A-2263-23 & A-2276-23 (April 24, 2025) - The petitioner’s legal dispute arose from a series of workers’ compensation claims related to injuries sustained during...more

Weber Gallagher Simpson Stapleton Fires &...

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

Marshall Dennehey

Delaware Industrial Accident Board Rules Claimant is an Actually Displaced Worker Following Job Search Evaluation

Marshall Dennehey on

Frances Carr v. Amazon.com Services, IAB No. 1540462 (Feb. 25, 2025) - In Delaware workers’ compensation cases, claimants who are unable to return to their previous jobs due to injury may contend they are prima facie...more

Stevens & Lee

Standards Loosened for PA First Responders to Claim Workers’ Compensation for Post-Traumatic Stress Injury

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Effective Oct. 29, 2025, an amendment to the Pennsylvania Workers’ Compensation Act (Act), adopted via Pennsylvania Senate Bill 365 (Bill), will change the standard for first responders, including Emergency Medical Services...more

Goldberg Segalla

Georgia Court's Ruling on Rycroft Defense Signals Key Limitation for Employers

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Unfortunately, not everything is always peachy in the Peach State. Historically, the Rycroft defense has allowed employers to deny workers’ compensation benefits when a worker makes false representations about their physical...more

Marshall Dennehey

Petition to Terminate Total Disability Benefits for Claimant Who Had Light-duty Restrictions That Could Not Be Accommodated...

Marshall Dennehey on

Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024) - On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his...more

Seyfarth Shaw LLP

Warehouse Worker Injury Reduction Program Signed Into Law

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On December 21, 2024, New York Governor Kathy Hochul signed the State’s new Worker Injury Reduction Program into law, which requires covered employers to establish a program to identify and minimize the risks of...more

CDF Labor Law LLP

Employment Law Bills Await Governor Newsom’s Signature Or Veto

CDF Labor Law LLP on

It is that time of year again, when California Governor Gavin Newsom considers a number of bills that need to be signed by September 30, 2024, in order to take effect. Several of those bills would impact California employers,...more

Stark & Stark

Understanding Your Rights: Workers’ Compensation in New Jersey

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Navigating the aftermath of a workplace injury can be overwhelming. However, knowing your rights under the New Jersey’s workers’ compensation laws can provide the clarity and confidence needed to ensure you receive the...more

Cozen O'Connor

Are Random Acts of Violence Recordable OSHA Injuries?

Cozen O'Connor on

According to a recent OSHA standard interpretation letter, probably yes. In the May 17, 2023 letter, an employee drove the company vehicle on a public roadway between service calls. As the employee approached a car accident,...more

Fisher Phillips

Workplace Safety Is The Next Focus In The #EmpowermentEra

Fisher Phillips on

Employee safety has always been important, but the recent public shaming of allegedly hazardous workplaces reveals that the public’s disdain for companies that provide unsafe environments for their employees is increasing. No...more

Burr & Forman

What's good 'notice' of a workplace injury in South Carolina?

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Many readers know that statutory protections passed by state legislatures and Congress are often written to favor the rights of employees. One such statute is South Carolina’s workers’ compensation law. The law requires...more

Foley Hoag LLP - Global Business and Human...

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - July 2017 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a decision by the Ontario Superior Court of Justice addressing a...more

McNees Wallace & Nurick LLC

OSHA’s New Reporting Rules to Make Employers Famous

By existing OSHA regulations, most employers (those with more than 10 employees) are required to complete and maintain records pertaining to serious work-related injuries and illnesses, using the OSHA 300 Log, OSHA 301...more

Littler

California Legislative Update: Heading Into The 2016 Session's Final Month

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The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

Jackson Walker

Tex. Sup. Court Clarifies the Duties of a Non-Subscribing Employer in the Face of Known Dangers

Jackson Walker on

Late last week, the Texas Supreme Court clarified duties of employers for premises defects and declared that they have multiple duties to invitees/employees who come onto their property facing known dangerous conditions. ...more

Foley & Lardner LLP

Violation of OSHA Standards Now More Costly in Wisconsin

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Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of...more

Pullman & Comley - Labor, Employment and...

Latest Developments From The Connecticut General Assembly: The Labor and Public Employees Committee Speaks

Before the deadline for committee action, the General Assembly’s Labor and Public Employees Committee voted favorably on a plethora of bills and advanced them out of committee. Among the most noteworthy were: 1) a bill...more

Pullman & Comley - Labor, Employment and...

Connecticut Workers Are Protected From Head To Toe

Over the course of time, the Connecticut Legislature has enacted numerous and varied laws for the protection of Connecticut workers. Some become quite well known, like the recent paid sick leave law, others are more obscure....more

Cranfill Sumner LLP

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

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Because a general contractor is generally in charge of the entirety of a construction project, it is often assumed, and alleged in lawsuits, that the general contractor is legally responsible for the safety of the jobsite. ...more

U.S. Equal Employment Opportunity Commission...

Smurfit-Stone Container Corporation Sued by EEOC for Disability Discrimination

Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charges - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, discriminated against an...more

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