Tag Archives: Worker’s Compensation

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

Marijuana
If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit that I often scratch my head reading about the conclusions juries have reached in some … Continue reading this entry

Managing the Interplay Between the ADA, FMLA and WC

ADA
The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he contends is work-related. However, your worker’s compensation insurance carrier has recently denied coverage. Additionally, the … Continue reading this entry

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

Fired
Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider terminating an employee who has filed a workers’ compensation claim.  For example, most states’ workers’ compensation laws impose penalties, either fines, jail time, or both, for … Continue reading this entry

Be Uber Prepared To Do Business In The Gig Economy

Employer
Until recently, the word “gig” had two common meanings: A live music performance; and A long trident used to hunt swamp-dwelling amphibians However, a noted linguist recently crowned “gig” as the 2015 word of the year for a different reason – the rise of the “gig economy.” Led by popular app based ride-sharing services, this … Continue reading this entry

No Workers' Comp Immunity! No Insurance! Sure Is a Problem

Employer
In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally forfeits the right to bring civil suit (subject to limited exceptions) against his employer. However, this expected employer immunity may … Continue reading this entry