What Do You Think? In New York, when there a subcontractor has workers’ compensation coverage, the injured employee may still be able to sue the general contractor for negligence. But this is generally not the […]

What Do You Think? An employer can sometimes avoid a negligence lawsuit by demonstrating that the workers’ compensation act applies to the injury, making those benefits the employee’s sole available remedy.  One case, in addition […]

What Do You Think? The exclusive remedy rule bars most injured workers from suing their employer, or their deceased spouse’s employer, in tort. A case involving a general manager for a funeral home company addressed […]

Case File A contractor did what it was supposed to under workers' compensation law in Mississippi to make sure its subcontractor provided workers' compensation benefits, so when the subcontractor's owner opted out of coverage, he […]

Case File The Garden State's exclusive remedy rule along with policy language prevented a contractor from enforcing a duty to defend against its insurer. Simply Research subscribers have access to the full text of the […]

Case File While a worker injured on the job didn't present evidence regarding whether Washington, D.C.'s exclusive remedy rules should apply, an appeals court found that the lower court was too hasty in deciding that […]

Case File When a worker died on the job, the employer where he was conducting his work at the time claimed that, as his statutory employer, it was immune from a lawsuit thanks to the […]

Case File Colorado's top court decided that an employee injured in the course of his employment by the acts of an uninsured or underinsured third-party tortfeasor, and who receives workers' compensation benefits as a result, […]