Workers' Compensation

Recent Posts

Washington: Employee Staffing Firm Not Liable for Safety Violations Where Borrowing Employer Had Control
Posted on 18 Sep 2020 by Thomas A. Robinson

Applying what it said was the "economic realities test," a Washington appellate court found that a borrowing employer had exercised sufficient control over the borrowed employee that the employee staffing company supplying the worker should... Read More

Florida: Exculpatory Provision in Labor Broker's Employment Agreement Prevents Suit by Injured Worker
Posted on 27 Aug 2020 by Thomas A. Robinson

Where, prior to his actual employment, a Florida worker signed an agreement with a labor broker in which the worker released the broker's clients from liability for any injury the worker might sustain that was covered by workers' compensation... Read More

Georgia: Temporary Employee May Not Sue "Regular" Employee of Borrowing Employer in Tort
Posted on 17 May 2020 by Thomas A. Robinson

A borrowed servant may not recover in tort against the "regular" employees of the borrowing employer, held a Georgia appellate court. Accordingly, a state trial court erred when it refused to grant summary judgment in favor of a defendant-employee... Read More

United States: Mother of Deceased Temporary Worker May Not Maintain Wrongful Death Action Against Borrowing Employer
Posted on 8 Nov 2018 by Thomas A. Robinson

Construing Louisiana law, and applying the ten-factor test established by the Fifth Circuit Court of Appeals in U.S. Fire Ins. Co. v. Miller , 381 F.3d 385, 388 (5th Cir. 2004), a federal district court found that a worker assigned to the defendant’s... Read More

Health and Safety Issues Facing Temporary or “Gig” Workers Who Lack Regular Employment Status
Posted on 9 Nov 2016 by Roger Rabb

A NIOSH Commentary reviews the current research and paints a troubling picture for nonstandard workers It is no secret that more and more work is being performed by American workers outside of the traditional employer-employee relationship. Employers... Read More

Temporary Worker vs. Direct Hire Workers’ Comp Filings in Illinois: The Art of the Raw Deal
Posted on 21 Sep 2017 by Karen C. Yotis

By Karen C. Yotis, Feature Resident Columnist, LexisNexis Workers’ Compensation eNewsletter While stopping just shy of concluding that temporary worker status—by itself—results in lower workers’ comp claim awards, a new study... Read More

California: Dual Employment and the Six-Month Employment Requirement
Posted on 31 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

WCAB protects temporary and leased employees from shifting general and special employers who could game the system to avoid potential liability In Martinez v. Mass Precision , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a split panel WCAB affirmed the... Read More

The False Picture of Contingent and Temporary Workers in the American Workplace
Posted on 9 Oct 2014 by Thomas A. Robinson

Study argues that lack of coordination in gathering data on contingent and temporary workers has resulted in undercounting and misclassifying of work hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’... Read More

New Study Points to Significant Underreporting of Injuries to Bureau of Labor Statistics
Posted on 29 Aug 2014 by Thomas A. Robinson

90 percent of employers do not comply with OSHA recordkeeping regulations, resulting in underreporting by 38 percent of the surveyed employers Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter... Read More

Temp Nation: Standing Up for the Walking Dead
Posted on 23 Jan 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Temporary workers are having a decidedly... Read More

Seasonal Patterns in Occupational Risk
Posted on 16 Apr 2015 by Karen C. Yotis

Exploring the impact of reporting error on year-end injury declines Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the... Read More

California: Governor Signs Bill to Protect Temporary Workers
Posted on 29 Sep 2014 by LexisNexis Workers' Comp Law Newsroom Staff

Labor Contracting; Client Liability; Temporary Workers. AB 1897 (Ch. No. __), signed by Governor Brown on Sept. 28, 2014, establishes civil legal responsibility and civil liability of client employers, which obtain workers from third-party labor contractors... Read More

Occupational Fatalities Involving Engines, Robots & Thingamabobs: A Study on Ways to Terminate Worker Death by Machines
Posted on 6 Dec 2015 by Karen C. Yotis

By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. A farm worker is crushed to death after his tractor flips and pins him between the tractor and the wagon it was pulling. A construction worker is struck and killed by a swinging crane when another... Read More