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WORKERS COMPENSATION DEATH BENEFITS PROTECT EMPLOYERS FROM LAWSUITS BY ANYBODY

Peter Saucier
Peter Saucier
05/17/2024
Workers' Compensation
Workers compensation falls on the debit side when an employer prepares a budget and plans staffing of the workforce.  With good cause, employers lament the costs of workers compensation insurance and the negative effect of having workers being paid for someone not working.  Still, there are some upsides for employers under the workers compensation scheme.  A good, recent example was detailed this past year by the Appellate Court of Maryland. ...
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Injured Workers’ Personal Injury Claims Not Precluded By Workers’ Compensation Statute

Kollman & Saucier
Kollman & Saucier
12/01/2022
Independent Contractors, Workers' Compensation
The classification of workers as employees or independent contractors has a number of implications regarding liability for workplace related actions, including those under discrimination, wage and hour, tax, unemployment, and workers’ compensation laws.   The Fourth Circuit Court of Appeals recently addressed the issue in the context of state tort law claims brought by three individuals working for Eastman Chemical Co. in South Carolina. Zeigler...
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Home Offices and Workers’ Compensation

Kollman & Saucier
Kollman & Saucier
07/12/2019
State Law, Workers' Compensation
When does an employee’s home qualify as a work site for purposes of Maryland’s Workers’ Compensation Act?  That was the question of first impression the Maryland Court of Special Appeals (COSA) considered in Schwan Food Co. v. Frederick, decided last month.  Given the proliferation of technology that permits employees to work for anyone, from anywhere, at any time, it is a little surprising it took this long for an appellate court to take up...
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Sixth Circuit Strikes Down Workers’ Compensation Claimant Solicitation Law

Kollman & Saucier
Kollman & Saucier
07/09/2019
First Amendment Protections, Workers' Compensation
I read frequently about legal opinions interpreting various laws governing the employer-employee relationship.  Less often, I encounter one concerning the employment lawyer-client relationship.  So when I came across a recent case, Bevan & Associates, LPA, Inc., et al. v Yost, et al., No. 18-3262 (6th Cir. 7/8/19), in which the Sixth Circuit discussed the constitutionality of a state law banning solicitation of workers’ compensation...
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