exclusive remedy News

Maryland’s Workers’ Compensation Bars Non-Dependent Child’s Wrongful Death Claim

A non-dependent adult child whose father died on the job does not have a right to bring a wrongful death claim against her late father’s employer, the Maryland Appellate Court has ruled. The appeals court affirmed a circuit court that …

Judge Rules Virginia Teacher Shot by Student Can Proceed with $40 Million Lawsuit

A teacher who was shot by her 6-year-old student in Virginia can press forward with her $40 million lawsuit against a school system over claims of negligence by school administrators, a judge ruled Friday. The surprise decision by Newport News …

A Teacher Was Shot by Her 6-Year-Old Student. Is Workers’ Compensation Enough?

NEWPORT NEWS, Va. (AP) — A heated debate has emerged about the once-unimaginable shooting of a teacher by her 6-year-old student: How should the school district take care of the teacher? Should she only get workers’ compensation for her serious …

Asbestos Wrongful Death Claim Allowed Against Employer as Workers’ Comp Exception

A Connecticut appeals court has revived a wrongful death claim that tests a narrow exception to the state law that makes workers’ compensation the exclusive remedy for most workplace deaths and injuries. Harold Dusto’s estate blames his death on mesothelioma …

Ore. Supreme Ct. Refuses to Expand Exception to Exclusive Remedy

A law passed by the state legislature in 2001 to address a court decision that created an exception to workers’ compensation exclusive remedy did not create a new exception, the Oregon Supreme Court ruled. In a unanimous decision Friday, the …

California Supreme Court, Warning of Litigation ‘Deluge,’ Rejects Take-Home COVID Claims

An employer owed no duty of care to the wife of an employee who was hospitalized after contracting COVID-19 that was carried home from the workplace by her husband, the California Supreme Court ruled Thursday. In a unanimous decision, the …

School Board: Workers’ Comp Bars Suit by Teacher Shot by 6-Year Old

The Newport News public school board says the $40 million lawsuit filed against it by the teacher who was shot by a six-year old is barred by the state’s workers’ compensation law that is the exclusive remedy for workplace injuries. …

Pa. Supreme: Exclusive Remedy Bars Lawsuit over Dog Bite

A customer’s dog bit Lindsay Franczyk while she worked at The Home Depot. Her supervisors wouldn’t let her talk to the dog’s owner and didn’t write down any names, so she wasn’t able to file a lawsuit against the person …

Rite Aid Not Liable in Warehouse Shooting that Killed 3 Workers

Rite Aid is not liable for a mass shooting that killed three workers at a warehouse in Maryland; not because it was protected by workers’ compensation immunity, but because the plaintiffs did not show the tragedy could have been foreseen …

SC Supreme: Exclusive Remedy Bars UI Benefits for Crash in Co-Worker’s Car

If Stephany Connelly had not been working, she may have been entitled to collect up to $350,000 in uninsured motorist benefits because of the injuries she suffered from a 2015 car crash. But she was working at the time of …