As with any civil proceeding, workers’ compensation claims are subject to a specified statute of limitations, which is determined by the state.A statute of limitations is a time period during which claims must be filed to be considered valid. The idea is courts want...
Month: February 2017
Vandre v. State ex rel. Dep’t of Workforce Servs. – Compensation for Existing COPD
While workers who have been injured on-the-job need not prove their employers were negligent, they do need to show their injuries arose out of and in the course of their employment. In some instances, this is straightforward. A carpenter who falls from a ladder on a...
Georgia Bill Would Cut Time Workers Have to Sue for Work Injury
Lawmakers from two separate Georgia state committees recently met to discuss a proposal that would slash the amount of time injured workers have to pursue a claim with the state board of workers’ compensation.Currently, workers have up to five years to file a work...
Appeal of Brandon Kelly – Truck Accident Was Work-Related, Compensable, Court Rules
Justices of the New Hampshire Supreme Court recently ruled the state workers’ compensation appeals board erred when it found not compensable the work injuries of a man who suffered severe injury during a truck accident that occurred while he was driving from a job...
Hildebrant v. State ex rel., Dept. of Workforce Servs. – Ladder Fall Compensation for Surgery Denied
Falls are one of the top causes of injury in the workplace. The Centers for Disease Control and Prevention reports 43 percent of falls over the last decade have involved a ladder. Among construction workers in particular, ladders are involved in 80 percent of all...
Hoyle v. DTJ Enters., Inc. – Intentional Torts and Employers
The intent of workers’ compensation law is to ensure costs resulting from industrial accidents and conditions are borne largely by industry. By ensuring workers receive definite and speedy payments for medical expenses and lost wages incurred for on-the-job injuries...
Reports: Workers’ Compensation Protections on Chopping Block
Two reports. One by NPR and ProPublica. The other by the Occupational Safety and Health Administration. Released at the same time. Both on the issue of cuts to workers’ compensation nationwide. Same conclusions: Workers are quickly losing the aspects that made the...
Nealy v. Santa Monica – Workers’ Comp Request Granted While Discrimination Claim Denied
In Georgia, companies cannot legally terminate an injured worker as retaliation for filing a workers’ compensation claim.However, there is no law preventing an employer from terminating an injured worker who is receiving workers’ compensation – so long as that worker...
Thomas v. 5 Star Transportation – Fatal Work Crash, Common-Law Spousal Entitlement, Disputed
When it comes to workers’ compensation law, states have varying applications with regard to disputed issues. In general, though, what must be proven is the injury or illness was caused or compounded by work-related duties or functions, and that the individual seeking...
Sullwold V Salvation Army He
Sullwold v. Salvation Army – Heart Attack at Home Deemed Compensable In most cases, injuries that happen at home or are attributed to an internal, personal condition will not be compensated through workers’ compensation insurance. That’s because injuries must arise...

