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Workplace Injury Employer Liability Issues

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

Québec Court of Appeal Finds That Employers May Be Liable for After-Hours Accidents

In a recent decision impacting Québec employers and workers, the Court of Appeal of Québec clarified the scope of work-relatedness necessary for an injury to be compensable under the Act respecting industrial accidents and...more

Conn Maciel Carey LLP

[Webinar] Top 5 Construction Industry OSHA Citations - August 13th, 10:00 am PT

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In the high stakes construction world, OSHA often issues citations for the lack of fall protection, scaffolding hazards, hazard communication failures, electrical hazards, and inadequate personal protective equipment (PPE)....more

Marshall Dennehey

Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer

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Comer v. American Transmission Systems, Inc., Civil Action No. 23-1464, 2025 WL 1530750 (W.D. Pa. May 29, 2025) - Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he...more

Marshall Dennehey

Idiopathic Fall Standard, Without the Fall

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There was a fall in this case, but the claimant’s injury—disk extrusion at L3-4—occurred before the fall, when he stood up from a seated position. This case highlights that when an injury is personal to a claimant and not...more

Keating Muething & Klekamp PLL

OSHA’s Updated Inspection Program: What Employers Should Know and Expect

On May 20, 2025, the Occupational Safety and Health Administration (OSHA) updated its Site-Specific Targeting (SST) inspection program. The SST inspection program is OSHA’s primary planned inspection initiative for...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

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

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

Stark & Stark

Police Officer on Traffic Duty Assignment is Joint Employee of Their Police Department and the Contractor

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When a police officer was seriously injured while working an extra traffic duty assignment, the question wasn’t whether he should get help – it was who should help pay for it....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

Seyfarth Shaw LLP

Curiosity may kill the cat, but is indispensable for workplace health and safety

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“Curiosity killed the cat” is a proverb “used to warn of the dangers of unnecessary investigation or experimentation” (Wikipedia) or is an idiom “said to warn someone not to ask too many questions about something” (Cambridge...more

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

Seyfarth Shaw LLP

Hot Topic: Nevada Joins Ranks of States Enforcing Onerous New Heat Illness Rules

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Nevada’s sunny and hot summers pose hazards of heat-related illnesses to outdoor workers and non-climate-controlled indoor workers. April 29, 2025 marks a significant milestone for workplace safety in Nevada as the Nevada...more

Marshall Dennehey

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

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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

Fisher Phillips

Workplace Violence Prevention Awareness Kit for Employers

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April is Workplace Violence Prevention Awareness Month, and employers should use this as an opportunity to learn more about this critical safety issue and how to address it. We’ll cover the latest workplace violence data and...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Marshall Dennehey

Claimant’s Appeal Was Insufficient, Workers’ Compensation Judge’s Wage Reduction Stands

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Bob Evans Restaurants LLC v. Robert Schriver (WCAB); No. 158 C.D. 2024; filed March 11, 2025; Senior Judge Leavitt - The Commonwealth Court reversed a decision by the Workers’ Compensation Appeal Board, reinstating a judge’s...more

Marshall Dennehey

Did the Cat Move the Ladder?

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Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Maison Law

California Farm Worker's Hurt on the Job: Know Your Rights

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California is home to a large and diverse agricultural industry where farm workers play a crucial role in the state's economy. However, the physical demands and hazardous conditions can often make farm work dangerous....more

Fisher Phillips

Artificial Intelligence for the Safety Professional – Benefits, Risks, and Legal Implications

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Artificial Intelligence (AI) is rapidly transforming all aspects of the work environment, including the workplace safety sector. As your organization strives to minimize workplace accidents, improve safety protocols, and...more

Hendershot Cowart P.C.

Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury

Hendershot Cowart P.C. on

When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2025)

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Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Conn Maciel Carey LLP

[Webinar] The Usual Suspects: How to Avoid the Five Most Expensive (and Frequently Cited) Types of General Industry Citations -...

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Year in and year out, the same 5 standards tend to be cited the most frequently in general industry inspections. While their placement in the Top 5 may vary from time to time, Lockout/Tagout, Hazard Communication, Respiratory...more

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

New York Amends the Warehouse Worker Injury Reduction Act

On February 14, 2025, New York Governor Kathy Hochul signed into law amendments to the New York Warehouse Worker Injury Reduction Act (A2432/S808)....more

Marshall Dennehey

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

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Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more

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