Workers' Compensation

Recent Posts

United States: Civil Action Under Illinois Biometric Information Privacy Act Not Barred by Exclusivity
Posted on 26 Jul 2020 by Thomas A. Robinson

An employee's civil action against her employer for alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq. , is not barred by the exclusive remedy provisions of the state's Workers'... Read More

United States: Law Firm's Security Officer Could Not Sue Firm in Tort for Alleged "Pain and Suffering" Injuries
Posted on 27 Jun 2020 by Thomas A. Robinson

A former law firm security officer may not maintain a civil action against his former employer for alleged Title VII discrimination, wrongful termination, and “pain and suffering” injuries allegedly suffered by the plaintiff following an altercation... Read More

United States: IRS Employee May Not Sue for Stress Associated With Filing Injury Claim
Posted on 28 Mar 2020 by Thomas A. Robinson

A federal district court dismissed a civil action filed by an IRS employee who sought money damages from the Service and from its Workers’ Compensation Branch for “undue work and stress” associated with pulling together the records and... Read More

New York: Injured Employee May Not Sue Management Services Company in Tort
Posted on 27 Mar 2020 by Thomas A. Robinson

Where a management services company provided training and some supervision to a hospital’s housekeeping staff, but the hospital continued to pay the housekeepers, hire and fire them, and subject them to employment rules according to hospital policies... Read More

Florida: Employer Who Denies Claim Not Always Estopped From Later Defending Tort Action on Exclusivity Grounds
Posted on 2 Feb 2020 by Thomas A. Robinson

Distinguishing several earlier Florida decisions, in which an employer had been barred from asserting immunity from tort liability on exclusive remedy grounds after it had denied the employee’s workers’ compensation claim on grounds that the... Read More

Alabama: Post-Injury Actions May Lead to Employer Liability in Tort
Posted on 5 Jan 2020 by Thomas A. Robinson

Where an employee alleged post-injury tortious conduct on the part of a co-employee in the form of, inter alia , failure to notify an on-site emergency response team of the employee’s injury and further failure to call an ambulance in a timely fashion... Read More

Pennsylvania: Suit by Borrowed Employee Against Borrowing Employer Barred
Posted on 20 Nov 2019 by Thomas A. Robinson

A Pennsylvania appellate court affirmed a trial court’s decision granting summary judgment to the defendant corporation on the basis of the state’s application of the so-called “borrowed employee” doctrine since the plaintiff had... Read More

United States: Injured Worker May Proceed Against Employer’s Commercial Vehicle Policy
Posted on 7 Nov 2019 by Thomas A. Robinson

The Fourth Circuit Court of Appeals, construing West Virginia law, held that an injured employee could try to recover pursuant to his employer’s commercial vehicle liability insurance policy, since the owner of his employer, a construction company... Read More

Washington: Worker May Not Be Considered Borrowed Employee in Spite of Contract Clause Consenting to Such Designation
Posted on 27 Sep 2019 by Thomas A. Robinson

Where a worker entered into a contract with a labor broker that specified that the worker would be subject to the control of the firm to which he was assigned, that the firm to which he was assigned would be considered his “special employer,”... Read More

Illinois: Borrowing Employer’s Immunity From Suit Does Not Depend Upon Procurement of Insurance
Posted on 16 Jun 2019 by Thomas A. Robinson

A borrowing employer is immune from tort liability with regard to injuries sustained by a temporary staffing agency worker assigned to it, held an Illinois appellate court. Moreover, that immunity springs from the borrowed-employee relationship itself... Read More

Rhode Island: Co-Employee Immunity to Tort Liability Extends Even to Instigator of Dangerous Horseplay
Posted on 26 Apr 2019 by Thomas A. Robinson

The exclusive remedy provision of the Rhode Island Workers’ Compensation Act is so strong, held the state’s Supreme Court, that it shielded a co-employee from tort liability in a dangerous incident involving horseplay. The evidence indicated... Read More

United States: “One Day of Rest in Seven” Act Does Not Trump Workers’ Compensation Exclusive Remedy Defense
Posted on 11 Apr 2019 by Thomas A. Robinson

In a case construing Illinois law, a federal district court held that the state's “One Day Rest in Seven Act” (“ODRA”) [820 Ill. Comp. Stat. 140/1 et seq.] may not be used to circumvent the exclusive remedy of the Illinois... Read More

Idaho: Family Barred from Suing Employer for Wrongful Death in Spite of Safety Issues
Posted on 4 Jan 2019 by Thomas A. Robinson

Where an Idaho employee sustained fatal injuries when the exposed driveshaft of her employer’s “picking table" caught her hair and pulled her into the machine, her family could not maintain a wrongful death action against the employer;... Read More

Ohio: Provisions in State’s “Contractor’s Self-Insurance Plans” Found to be Constitutional
Posted on 4 Jan 2019 by Thomas A. Robinson

Building on an earlier decision in which the Ohio Supreme Court had determined that the Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] provided immunity not only to the self-insuring general contractor, but also... Read More

Virginia: Shipyard Owed Duty of Care Not to Expose Worker’s Family Members to Asbestos Fibers on Worker’s Clothing
Posted on 19 Oct 2018 by Thomas A. Robinson

Answering a restated certified question from the U.S. District Court (Eastern District of Virginia), the Supreme Court of Virginia, in a deeply divided 4-3 decision, held that an employer owed a duty of care to an employee's family member who alleged... Read More