Workers' Compensation

  •  

    Under the Occupational Safety and Health Act (OSH Act), companies are required to provide a safe workplace for their employees. Employees who are concerned about an unsafe condition may file a complaint with the Occupational Safety and Health Administration (OSHA), which will conduct an investigation and fine a company for any violations it...

    Hot Topic
  •  

    Workers’ compensation laws first made an appearance in this country in the early 1900s in response to concerns that employees injured at work were not being treated fairly—they had little bargaining power and seldom prevailed in court against employers, which generally had the law on their side. Indeed, an estimated 70 to 94 percent...

    Hot Topic
  •  

    The Arkansas Court of Appeals recently held that an employee was not qualified for disability benefits because she failed to provide evidence that she was totally and permanently disabled. Background On July 12, 2010, Lecia Templeton, who was 51, sustained a compensable back injury while working for Dollar General. On September 27, 2011, she...
  •  

    The Arkansas Court of Appeals recently upheld the Arkansas Workers' Compensation Commission's (AWCC) decision to deny benefits to the surviving beneficiaries of a worker whose death was due to a non-work-related incident following a compensable injury. Background In 2009, James Loar Jr. overdosed on methadone while being treated for withdrawal...
  •  

    As we previously reported, in March 2013, a Cuyahoga County trial court awarded $859,440,258.79 to a group of approximately 270,000 employers that were classified as "nongroup" employers under the Ohio Bureau of Workers' Compensation (BWC) group rating program between 2001 and 2008. The trial court ruled that the BWC overcharged the nongroup...
  •  

    Alternative work arrangements are fast becoming a major job incentive in the American workforce. Some studies place flexible work programs as the second-highest contributor (after compensation) to job satisfaction. As technology changes and fewer jobs need to be performed on-site, telecommuting is becoming more than just a once-in-a-while thing...
  •  

    Under North Dakota law, any individual who performs work for remuneration or wages is presumed to be an employee. To overcome that presumption, an employer must provide evidence under a 20-factor common-law test that is complicated and confusing. That said, there are definitely benefits to using independent contractors instead of employees...
  •  

    During its legislative hearing on January 14, 2014, the Senate Commerce Committee heard testimony on a number of workers' compensation-related bills supported by employees and claimants' attorneys. Senate Bill (SB) 204 would expand permanent impairment awards. Under the current statute, an injured employee is entitled to a single lump-sum...
  •  

    Q We have an employee over age 65 who has been a manager for over 40 years and has excellent evaluations in his file. Recently we have learned that his department is possibly committing fraud in their documentation of paperwork. He doesn't abide by company policy, doesn't meet deadlines, and has been written up one time for sexual harassment. Can...
  •  

    Q We are a manufacturer with labor-intensive positions. Can we conduct prehire background checks that focus on a potential employee's workers' compensation history? Are there any federal or state concerns to be mindful of? A Inquiring into workers' comp claims made by a job applicant is unlawful. Both the federal Americans with Disabilities Act...
Syndicate content