Case File Although a worker tried to claim that his Texas employer didn't have the right kind of workers' compensation coverage to satisfy state law in an effort to circumvent the exclusivity remedy defense, evidence […]

Mexia, TX (WorkersCompensation.com) -- People occasionally confuse the two issues, but the exclusive remedy provision of the Texas Workers’ Compensation Act is not the same as the exclusive jurisdiction provision.  Exclusive Remedy  Under the exclusive-remedy […]

Houston, TX (WorkersCompensation.com) – In Texas, an employee assigned by a staffing agency to work for the staffing agency’s client may be subject to the exclusive remedy provision of the workers’ compensation statute. If provision […]

Tulsa, OK (WorkersCompensation.com) -- Could an indemnity clause overcome a state's exclusive remedy provision to allow a negligence tort to go forward? That was the question before the Oklahoma Supreme Court in Knox v. Oklahoma […]

Medley, FL (WorkersCompensation.com) – Before denying a claim on the basis that it isn’t work-related, an employer should carefully consider the potential risks of doing so. One of those risks for Florida employers is that, […]

Gallatin, TN (WorkersCompensation.com) -- It's a bedrock principle of the "exclusive remedy" rule that the "Grand Bargain" provides that an employee injured on the job must seek benefits through the workers' compensation system rather than […]

Augusta, ME (WorkersCompensation.com) -- If you're thinking about torts and on-the-job injuries, you're probably also thinking about exclusive remedy rules in most states. What an exclusive remedy rule does is prevent someone from suing for […]

By Gary L. Wickert, Matthiesen, Wickert & Lehrer, S.C. The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage […]