LexisNexis® Legal Newsroom
Federal: Breach of Contract Claim Against Special Employer for Failure to Provide Safe Work Environment Is Barred By Exclusiveness

That an employer referred in its Policies and Procedures Handbook to its commitment to provide a safe and health work place for its employees, that the Handbook also stated that safety rules and safe work practices were “not optional,” and that the employer had gone to great lengths to provide...

Workers Memorial Day: Honoring the Dead as We Fight for the Living

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. 25 Years of Speeches and Bells The key talking points for journalists and speechwriters...

The Aging Workforce: How to Manage Workers’ Comp Costs for the Silver Bunch

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. Here’s the story of an aging workforce that can’t afford to leave their jobs...

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions in connection with the...

ACOEM Updates Guideline Regarding the Use of Opioids in Safety-Sensitive Jobs

ACOEM tightens guidelines, cautions against the use of opioids in any safety sensitive job, not just motor vehicle driving Much has been written lately on the increased use—both licit and illicit—of opioids. Against this backdrop, concern is mounting over the impact this usage may have...

California: Governor Signs Bill to Protect Temporary Workers

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, for the payment of wages and the failure to...

The False Picture of Contingent and Temporary Workers in the American Workplace

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’ Compensation eNewsletter , is a leading commentator...

Is Your Company Complying with the New OSHA Reporting Requirements?

Employers under federal OSHA’s jurisdiction are now required to report all work-related fatalities within 8 hours and all in-patient hospitalizations, amputations, and losses of an eye within 24 hours of finding about the incident. Companies can call the nearest area office during normal business...

Updated OSHA Reporting and Recordkeeping Rule: What Employers Need to Know

by Nicole Cheuk As of January 1, 2015, the Occupational Safety and Health Administration’s (“OSHA”) updated recordkeeping and reporting rule went into effect. The recordkeeping rule changed in two key ways: (1) the rule updated the industries that are exempt (and not exempt) from...

Insurer-Supported Engineering Controls Can Lead to Significant Reduction of Overall Workers’ Comp Claims and Costs

New study evaluates controls to reduce/eliminate workplace hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. Insurer-supported engineering controls—those...

OSHA and Pro Sports—Are Concussions the NFL’s Black Lung?

San Francisco linebacker Chris Borland rocked the sports world yesterday by announcing his retirement from pro football at the age of 24 after playing only one NFL season. His reason: concerns about the long-term impact of football-related head trauma. The news comes even as the NFL has implemented...

The Evolution of Reform: WCRI Panel Examines Resilience and Renovation in Workers’ Compensation

Closing session at WCRI’s annual conference examines workers’ comp systems in Texas, Pennsylvania, Oregon and Florida By Ryan Benharris, Esq. Focusing on Resilience or Renovation, the 2015 Workers Compensation Research Institute Annual Convention (WCRI) closed its seminar on March 6...

MDL Judge Approves Settlement of Brain Injury Class Action Against NFL

PHILADELPHIA — (Mealey’s) The federal judge overseeing the multidistrict litigation against the National Football League (NFL) yesterday gave final approval to a settlement of the litigation that makes upwards of $765 million available to former players who suffer from brain injuries ( In...

OSHA Chimes in on Transgender Bathrooms

OSHA is no stranger to regulating workplace bathrooms . Now, Employment Law 360 [sub. req.] reports that OSHA and the National Center for Transgender Equality “have entered into a partnership to develop and distribute information to ensure transgender employees have safe and adequate access to...

What’s Really Behind the Decline in Workers’ Comp Claim Rates?

New study suggests improved safety is only partially the answer given the considerable shift of care from workers’ comp to private insurance coverage Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is the co-author of Larson’s...

Manufacturers and Temporary Workers

by A. Keith "Kip" McAlister, Jr. On April 29, 2013, the U.S Department of Labor’s Occupational Safety and Health Administration (OSHA) announced its temporary worker initiative. OSHA contends that temporary workers encounter an increased risk of work-related injuries. As a result,...

Where Outdoor Work and Nature Collide: Yes, Animals and Insects Can Cause Work Injuries

Spring has finally arrived to relieve us from a long, dreary winter. With warmer weather and longer days, employers now have the opportunity to focus on outdoor projects that have fallen dormant for several months. However, while warmer weather offers employers a chance to get outside and work, moving...

From Caitlyn Jenner to New OSHA Guidance on Restroom Access for Transgender Workers

Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “ Employment-Law Blog...

Texas: Non-Subscribing Employer Not Liable for Injuries Caused by Open, Obvious Dangerous Condition

Answering a certified question from the United States Court of Appeals for the Fifth Circuit, the Supreme Court of Texas held that, under Texas law, (1) subject to two limited exceptions not relevant to the case, an employer generally does not have a duty to warn or protect its employees from unreasonably...

How Undocumented Status Impacts the Working Conditions and Safety of Latino Immigrants

By Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Although the debate over undocumented immigrants and immigration reform is constantly in the headlines, one area that receives less attention is the working conditions for those undocumented immigrants...

The Time for Your Safety Audit Is Now

According to data released last week by the Bureau of Labor Statistics , the number of workers killed on the job as a result of slips, trips, and falls rose in 2014 by nearly ten percent. Here are some the key findings: • The number of fatal work injuries in private goods-producing industries...

John Oliver on OSHA (and a Not-So-Subtle Shout-Out to My Firm’s New OSHA Blog)

On this week’s Last Week Tonight , John Oliver gives OSHA a pass on its slack investigations of North Dakota oil field accidents . He blames OSHA’s inactivity on its lack of resources coupled with the oil companies’ use of subcontracted employees. (Please visit the site to view this...

OSHA’s Penalties Are on the Rise

Today’s post (or most of it, anyway) originally appeared on Meyers Roman’s Ohio OSHA Law Blog , but it’s worth reprinting for my readers. Have you subscribed to our new OSHA blog? If not, what are you waiting for? Subscribe by email here , or by RSS here . Earlier this...

Occupational Fatalities Involving Engines, Robots & Thingamabobs: A Study on Ways to Terminate Worker Death by Machines

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 worker removes a pin from the crane while they...

Health and Safety Issues Facing Temporary or “Gig” Workers Who Lack Regular Employment Status

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 are increasingly turning to nonstandard work relationships...