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Tag Archives: negligence
NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment
A North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that employer and the nurse, held a state appellate court yesterday … Continue reading
Rhode Island’s Exclusive Remedy Rule Shields Worker Who Engaged in Dangerous Horseplay
On Tuesday of this week, the Supreme Court of Rhode Island affirmed a determination by a state trial court that granted summary judgment, on exclusive remedy grounds [see R.I. Gen. Laws § 28-29-20 (1956)], to a defendant in a negligence … Continue reading
Posted in Case comment
Tagged acceptance of benefits, egregious conduct, election of remedies, Exclusive Remedy, horseplay, negligence, third-party action, tort
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Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort
A provision of the Massachusetts Workers’ Compensation Act (Act), Mass. Gen. Laws ch. 152, § 75B(2), and not the common law, affords an employee who was injured on the job and incurred a loss of earning capacity from the injury … Continue reading
Posted in Case comment
Tagged co-employee liability, common law, Exclusive Remedy, Massachusetts, negligence, retaliatory discharge, third-party action
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Ohio Commission Erred in Assessing Penalties Against Employer for Safety Violations
A worker, who sustained severe injuries, including a left-hand amputation and major depressive disorder, while performing routine maintenance on the employer’s conveyor belt system, is not entitled to additional compensation for his employer’s alleged violation of a specific safety requirement … Continue reading
Posted in Case comment
Tagged guard, negligence, Ohio, penalty, proximate cause, safety regulation, safety rule, VSSR
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NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party Claims
Yesterday, in an eagerly awaited decision, Vitale v. Schering-Plough Corp., Case No. A-20-16 (Dec. 11, 2017), the Supreme Court of New Jersey held that a disclaimer in an employment agreement in which the employee prospectively waives third-party claims against the … Continue reading
Posted in Case comment
Tagged Exclusive Remedy, jury, negligence, New Jersey, third-party claim, waiver
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Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury
A Georgia employee’s negligence claim against his employer for allegedly denying him access to medical care and insurance coverage following an injury in a vehicular crash is barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act, held … Continue reading →