Workers' Compensation

Recent Posts

New York: “Grave Injury” Defense in § 11 is Unavailable for Uninsured Employer
Posted on 27 Mar 2020 by Thomas A. Robinson

In New York, where an injured employee seeks to recover from a third party for that party’s alleged negligence in causing the employee’s injuries, the third party may not seek indemnification and/or contribution from the employer, on the basis... Read More

Minnesota: Employer Cannot Be Severally Liable With Third Party Defendant
Posted on 5 Jan 2020 by Thomas A. Robinson

The Minnesota rule that an employer may not be considered “severally liable” along with a defendant, third-party was unaffected by a 2003 amendment to Minn. Stat. § 604.02, subs. 1, held the state’s Supreme Court. Under the clear... 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

North Carolina: Employer Entitled to Lien on South Carolina UIM Proceeds
Posted on 21 Feb 2019 by Thomas A. Robinson

A North Carolina appellate court held that the state’s Industrial Commission correctly concluded that an employer and its insurer could, pursuant to N.C. Gen. Stat. § 97-10.2(f) (2017), assert a subrogation lien for workers' compensation... Read More

Arizona: Law of State Where Benefits Are Paid Controls Important Assignment Rights to Third-Party Claim
Posted on 8 Feb 2019 by Thomas A. Robinson

The law of the state in which compensation is paid ordinarily governs an employee’s claim against an alleged third-party tortfeasor. Accordingly, where Arizona law gave the injured employee the exclusive right to maintain a third-party action for... Read More

Massachusetts: Employer May Not Retaliate Against Worker Filing Third-Party Tort Action Against It
Posted on 28 Nov 2018 by Thomas A. Robinson

It is axiomatic in Massachusetts—and the significant majority of other American jurisdictions—that an employer may not retaliate against an employee who sustains a work-related injury. The protections afforded under the Bay State’s retaliatory... Read More

Pennsylvania: Comp Carrier May Not Maintain Civil Action Against Third-Party Without Assignment from Injured Worker
Posted on 28 Nov 2018 by Thomas A. Robinson

A divided Supreme Court of Pennsylvania, reiterating the holding in one of its earlier decisions, held that a workers’ compensation carrier may not maintain a third-party civil action against an alleged tortfeasor unless the injured employee has... Read More

Arizona: Injured Worker May Not Use Post-Settlement Trial to Determine Level of Employer’s Fault in Order to Reduce Insurance Carrier’s Lien
Posted on 3 Aug 2018 by Thomas A. Robinson

In Arizona, as in virtually all other jurisdictions, an insurance carrier providing workers’ compensation benefits to an injured worker enjoys a lien on a claimant's (or a claimant's dependents') recovery from third persons who negligently... Read More

Texas: Comp Carrier May Not Rush in Through Back Door to Claim Lien on Settlement Proceeds
Posted on 15 Jun 2018 by Thomas A. Robinson

In Texas, as in most other states, an employer and/or workers’ compensation insurance carrier enjoy strong subrogation rights that allow recovery of the workers’ compensation outlay against third parties that may be responsible for all or... Read More

Pennsylvania: Employer Gets No Subrogation Rights for Recovery under State’s Motor Vehicle Responsibility Law
Posted on 1 Jun 2018 by Thomas A. Robinson

In Pennsylvania, as in most states, an employer or carrier who has paid out workers’ compensation benefits enjoys a strong statutory subrogation right in any third-party recovery that the injured worker may enjoy. The Supreme Court of Pennsylvania... Read More

Georgia: “Fault” of Employer Can Be Considered in Plaintiff Employee’s Tort Action Against Third Party
Posted on 10 Jul 2015 by Larson's Spotlight

Georgia’s apportionment statute, OCGA § 51-12-33(c) requires the trier of fact to consider the “fault” of all persons or entities that have contributed to the plaintiff’s alleged injury or damages, including nonparties. The... Read More

New Jersey: Most Third-Party Tort Action Waivers in Employment Contracts Invalidated
Posted on 15 Dec 2017 by Thomas A. Robinson

Waiver or “disclaimer” clauses, typically found in the employment agreements of New Jersey workers that work for employment services firms, pursuant to which the employee prospectively waives third-party claims against the employer’s... Read More

Illinois: Employer’s Right to Workers’ Compensation Lien is Absolute
Posted on 18 May 2018 by Thomas A. Robinson

Under the plain language of 820 ILCS 305/5(b) (2016), an employer's right to reimbursement of the full amount of benefits paid or to be paid to the injured or deceased worker is absolute; it may not be diminished or, as in this case, strikes by a... Read More