Injured Workers’ Personal Injury Claims Not Precluded By Workers’ Compensation Statute

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

Clifford Geiger
Clifford Geiger
07/12/2019
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

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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