Newsletter Sign-up

In New York, in addressing a worker's exposure to toxic fumes, the worker does not have to identify the specific substance that allegedly caused or aggravated his conditions.

In Illinois, evidence that a worker's problems with his preexisting degenerative joint disease resolved prior to his work accident constitutes convincing evidence that his current problems are attributable to his recent work injury.

In Georgia, a coworker is not protected from a suit brought by an injured worker unless the coworker was acting in the course of employment when he injured a worker.

In Tennessee, a worker who is terminated in retaliation for a workers' compensation claim does not have a meaningful return to work and is entitled to benefits at the statutory maximum of six times the medical impairment rating.

In Nevada, a worker's average monthly wage calculation includes the untaxed tip income that he reported to his employer.

A forum selection clause in an employment contract cannot waive a worker's right to receive workers' compensation benefits due in Maryland.

In Kansas, evidence that a worker only began to experience problems related to a preexisting condition after a work accident can show that the accident aggravated her preexisting condition.

In Louisiana, a worker who suffers a work-related injury that immediately manifests itself but only later develops into a disability must file a claim within one year from the development of the disability.

In Connecticut, a two-year filing period applies for the dependents of workers who suffer a work-related accident and death on the same day.

In Kentucky, an employer's liability for work-related hearing loss is not contingent on a minimum period of hazardous noise exposure.

In Colorado, an employer that initially admits liability but later seeks to withdraw its admission bears the burden of proving that the worker's injury did not arise out of her employment.

In Delaware, the aggravation of a preexisting injury is compensable if the extent of the aggravation or acceleration of the injury can be measured.

In Utah, an employer's previous insurer can be liable for a worker's benefits even if it was not the insurer at the time of the injury.

In Kentucky, a worker is generally not required to provide notice of a gradual injury or cumulative trauma until a physician diagnoses a gradual, work-related injury.

In North Carolina, an employer cannot deduct wages earned by a concurrent employer in calculating partial disability benefits.

In Indiana, a worker's receipt of workers' compensation benefits in another state as the result of a negotiated settlement agreement, rather than a unilateral, voluntary payment does not automatically prevent his receipt of Indiana benefits.

In Texas, an injured worker can rebut the presumption that he was intoxicated at the time of his injury with evidence from an expert and coworkers that he was not intoxicated and did not appear intoxicated.

In Missouri, an employer is not required to pay a penalty on benefits provided by the second injury fund.

In Texas, evidence that a worker was unable to work for a period of time following his injury supports a finding of disability.

In Kansas, a worker is permanently and totally disabled when he is essentially and realistically unemployable.