New York, NY (WorkersCompensation.com) -- Employees generally cannot collect workers’ compensation benefits if their disability preexisted their employment. But what if the worker had the injury prior to starting the job, yet the injury was […]

Wheeling, WV (WorkersCompensation.com) -- To determine whether a worker who is injured while engaged in an activity that is neither distinctly personal nor distinctly employment-related in character, many courts apply the “increased-risk” test. The West […]

Harrisburg, PA (WorkersCompensation.com) -- In Pennsylvania, when deciding whether an injury “arises out of employment,” courts apply the “positional-risk test.”  General Standard for Compensability  A Pennsylvania worker who suffers an accidental injury "arising out of […]

New Orleans, LA (WorkersCompensation.com) -- Independent contractors generally are not entitled to workers’ compensation benefits. But there is an exception in Louisiana that has the potential to bring a multitude of workers within the scope […]

Trenton, NJ (WorkersCompensation.com) -- Generally, a worker who is paid to travel but is injured during a personal errand isn’t entitled to workers’ compensation benefits. But what if, on the way to a jobsite, the […]

Phoenix, AZ -- (WorkersCompensation.com) Usually, a worker cannot secure workers’ compensation benefits for a fall at work that arises from a condition personal to himself, such as syncope (fainting) unrelated to any work condition. But […]

Las Vegas, NV (WorkersCompensation.com) -- A worker is severely injured but not totally incapacitated. Can he obtain permanently totally disabled status?  A Nevada case involving a former bakery employee applies a well-known doctrine in answering […]

Tamaqua, PA (WorkersCompensation.com)–In Pennsylvania, a worker who is not engaging in work activities but is on his employer’s premises and is required by the nature of his employment to be there may be entitled to […]