What Do You Think? Certain first responders filing a claim for a lung injury are entitled to the benefit of the doubt in some respects. For instance, there is often a presumption that their injury […]

What Do You Think? In Illinois, an employee bringing a retaliatory discharge claim has to prove he was fired because he exercised a right under the Workers’ Compensation Act. While the employer doesn’t have to […]

What Do You Think? Employees who are fired because they are taking workers’ compensation leave can sue their employers for retaliation. As one case shows, an employer’s comments prior to the termination, when combined with […]

What Do You Think? In New York, employees who stretch the truth or outright lie about the extent of their injuries can lose their workers’ compensation benefits. A case involving a former Rite Aid employee […]

What Do You Think? Imagine that an Alabama employee has a host of medical conditions that put him at risk for injury. If one of those conditions causes him to have an accident, can he still obtain […]

What Do You Think? An employee can have a compensable claim when he was injured doing an ordinary activity at work that is not really job-related–such as walking. But he'll generally have to show that […]

A number of factors can raise or quell suspicions that an employer terminated an employee in retaliation for filing a workers’ compensation claim. A case involving a property manager highlights some of the actions that […]

What Do You Think? For an injury to be compensable, the employee must be engaging in activities reasonably incidental to employment. What exactly relates to employment can get foggy, however, especially in the school context, […]