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Workers' Compensation

State law governs most workers' compensation claims. These laws are aimed at protecting workers from injuries sustained on the job. Most states require every business to have some form of workers' compensation insurance to cover its employees. A workers' compensation claim is not considered a lawsuit but rather, is a claim for benefits from the employer. Usually, workers' compensation is the exclusive remedy for workers, unless the worker can point to a third party as a contributing factor in their injury, such as a manufacturer of equipment. There are several types of injuries for which a worker can recover. In some cases, even work-related stress may lead to a valid injury for which a worker can recover.


Recently in Workers' Compensation Category

When Can You Sue a Workers' Comp Doctor?

Dealing with an on-the-job injury can be a huge hassle. There's paperwork, doctor appointments, more paperwork, long-term financial uncertainty, and often ... even paperwork. So, it's that much more painful when you feel like the workers' comp doctor makes your injury worse, rather than better. In that instance, you may be wondering when you can sue a workers' comp doctor. The answer? It depends.

Woman Sues Doctor for Bias in Denying Injury Claim

When you suffer an injury at work or in an accident, you're usually entitled to insurance benefits to cover the expenses related to treating your injuries. Unfortunately, collecting insurance benefits isn't as easy as simply filing an insurance claim. After filing a claim, the insurance company will usually investigate the claim to make sure you qualify for insurance. This investigation can include anything from talking to you to having a doctor provided by the insurance company to examine you.

If you think that having a medical examination by a doctor recommended by the insurance company investigating your claim seems a little biased, you're not alone. In fact, one woman has filed a lawsuit claiming that she was denied benefits because the doctor who examined her was biased in favor of the insurance company that recommended him.

Oklahoma Oil Companies Can Be Sued for Worker's Death

The family of David Chambers Sr., a truck driver who was fatally burned after being dispatched to an oil well back in 2014, can proceed in their state lawsuit against the Oklahoma oil well operator. That's the unanimous (8-0) ruling from the Oklahoma Supreme Court in Strickland v. Stephens Production Company, a decision that highlights some of the complexities of state workers' compensation laws when it comes to favored (and politically savvy) industries.

If I Get Into a Fight at Work, Can I Still Get Workers' Comp?

It's not common, but workplace fights do happen. Tensions build. Voices are raised. Tempers flare. And, in the extreme, shoves, punches, and piledrivers may get thrown about.

Whether it's started by an argumentative customer upset about their caramel macchiato or two colleagues having a heated debate about something-totally-not-worth-fighting-about, injuries can result. So when you're injured in a fight at work, is workers' compensation still a thing?

Working in winter weather is never a picnic, especially in the midst of a "bomb cyclone," whatever that is. Still, commerce doesn't take a holiday when it's cold out, and from postmen to presidents, most of us still have to go to work in cold weather.

Here are some of the most common winter work injuries, and what you can do about them:

If you have a job, chances are you have workers' compensation insurance. While state workers' comp laws can vary concerning who is covered, those distinctions are normally based on the kind of job you have, not your immigration status.

But a couple states have passed laws saying undocumented immigrants are not entitled to workers' compensation benefits. The Ohio House recently passed a bill barring workers' comp benefits for "illegal aliens," though the bill has a long way to go before becoming law.

Beyond the decision whether to sue a company or corporation for injuries, there is the decision of where to sue a company or corporation. Is it where you live? Where the company is headquartered? Where the injuries occurred?

Those options got whittled down considerably yesterday when the Supreme Court ruled that a Texas-based railroad company couldn't be sued in Montana for injuries that were sustained elsewhere. The decision could have a significant impact on future personal injury cases.

Workers' compensation law is a complex area of law that blends principles of employment law and personal injury law. Workers' comp claims cover on-the-job injuries, of all sorts, for employees in nearly every industry. However, not all employees will be covered.

For an employee's injury to be covered by workers' comp, the two main requirements include:

  • that the employee actually be an employee, rather than an independent contractor; and
  • that the injury occurred within the scope of employment.

Additionally, because workers' comp law is a product of state law, requirements may vary from state to state. Below you'll find five of the most common questions about which injuries may qualify for workers' comp.

Fortunately for the employee-victim of a senseless workplace attack meted out by his boss, a New York court of appeals has affirmed that the victim can seek damages directly against the boss. The case involves a New York golf club's employee, who was senselessly, and for no reason, hit in the groin by his boss with a golf club while at work. While the boss maintains that contact was minimal, it is also alleged he just laughed and walked away afterwards.

As a result of the blow, the employee had to have a testicle surgically removed. Clearly, this sort of conduct is beyond fathom. However, seemingly adding on to the unfathomability of the situation, the injured worker's boss, whom the victim is seeking to hold individually liable, was actually trying to argue that workers' compensation should be the only exclusive legal remedy. The courts did not agree.

Bicycle injury accidents occur with regular frequency in most cities where bicycle delivery services are common. When a bicyclist is involved in an injury accident, there are specific issues that can arise if the injured person was working as a bicycle courier or messenger.

Whether the cyclist is at fault, or the other party was at fault, there are similar considerations that non-cyclists should be aware of when it comes to accidents with bicycle messengers. If the bicyclist was currently engaged in a delivery, or was en route to make a pick up, there is a chance that the cyclist will be covered under an employer's workers' compensation policy, regardless of who is at fault. Cyclists should avail themselves of workers' compensation, if it is available to them, as failing to do so could result in a reduction of the potential damages.