Tag Archives: negligence

Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort

Posted on November 21, 2018 by Thomas A. Robinson

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 →

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Ohio Commission Erred in Assessing Penalties Against Employer for Safety Violations

Posted on January 2, 2018 by Thomas A. Robinson

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 →

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NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party Claims

Posted on December 12, 2017 by Thomas A. Robinson

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 →

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Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer

Posted on May 18, 2015 by Thomas A. Robinson

Ordinarily, workers are free to pursue civil actions against third parties whose negligence causes work-related injuries. One exception, however, is the so-called “firefighter’s rule,” adopted in a number of states, that holds that a firefighter should be precluded from recovery … Continue reading →

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