exclusive remedy News

Employer Can’t Deny Comp Claim in Shooting Then Argue Immunity, Court Says

An employer cannot deny a workers’ compensation claim on the grounds that a shooting injury was not work-related then turn around and argue it has immunity from a tort lawsuit because the incident happened at work, a Florida appeals court …

Maryland’s Workers’ Compensation Bars Non-Dependent Child’s Wrongful Death Claim

A non-dependent adult child whose father died on the job does not have a right to bring a wrongful death claim against her late father’s employer, the Maryland Appellate Court has ruled. The appeals court affirmed a circuit court that …

Judge Rules Virginia Teacher Shot by Student Can Proceed with $40 Million Lawsuit

A teacher who was shot by her 6-year-old student in Virginia can press forward with her $40 million lawsuit against a school system over claims of negligence by school administrators, a judge ruled Friday. The surprise decision by Newport News …

Lawyers Argue Over Workers’ Compensation for Teacher Shot by 6-Year-Old

Lawyers sparred in a Virginia courtroom Friday over whether a teacher who was shot by her 6-year-old student should get only workers` compensation for her serious injuries. Abby Zwerner is suing Newport News Public Schools for $40 million, alleging gross …

Suit by Teacher Shot by 6-Year-Old Student Asks If Workers’ Compensation Is Enough

A heated debate has emerged about the once-unimaginable shooting of a teacher by her 6-year-old student: How should the school district take care of the teacher? Should she only get workers’ compensation for her serious physical injuries? Or does she …

Asbestos Wrongful Death Claim Allowed Against Employer as Workers’ Comp Exception

A Connecticut appeals court has revived a wrongful death claim that tests a narrow exception to the state law that makes workers’ compensation the exclusive remedy for most workplace deaths and injuries. Harold Dusto’s estate blames his death on mesothelioma …

Delaware High Court OKs Lien Against Uninsured Motorist Benefits in Workers’ Compensation Case

The Delaware Supreme Court has broken with its own precedent to rule that a workers’ compensation insurance carrier may assert a lien against benefits an injured employee recovers from other sources. The particular issue before the court was whether an …

Workers’ Comp Takes Bite Out of Employee Right to Sue Third Party: Pennsylvania High Court

A Pennsylvania employer cannot be sued for blocking an employee from suing the third party responsible for her workplace injury, the state’s high court has ruled in reversing two lower courts. In a case involving an employee who was bitten …

Judge Tosses Wife’s Suit Blaming Employer for Her Husband’s Covid

A federal judge tossed out a first-of-its-kind lawsuit that sought to hold an employer responsible for a worker’s spouse getting sick with Covid-19. U.S. District Judge Maxine M. Chesney in San Francisco on Monday dismissed the complaint filed by Corby …

Alabama Court Gives Go Ahead to Workers Comp Suit Against AIG, Coventry

An Alabama appellate court has cleared the way for a lawsuit that alleges outrageous and fraudulent conduct by American International Group and Coventry against a worker who was injured in an explosion and sought psychological care. The Court of Civil …