By: Nathaniel Hofman, Esq.
65 is not necessarily the age of retirement anymore. In fact, the percentage of individuals age 65 and even older who are working is on the rise. This trend has been attributed to several causes, including the “great-recession,” shrinking pensions, expanding life expectancy, and an increased cost of living. As the working […]
By: Nathaniel Hofman, Esq.
Cumulative trauma injuries can be particularly tricky in the context of workers’ compensation. Commonly, there is no specific “onset” of injury, and subsequently there are often disputes over reporting. An employee can have minimal complaints of pain or discomfort that do not appear to rise to the level of injury, but for […]
by Frank Wasser, Esq.
Too often, general contractors and other businesses who hire or “sub-contract” work out to another company find themselves “on the hook” when an employee of the subcontractor gets hurt on the job; this is in spite of the fact that the subcontractor signed a contract or provided information stating the subcontractor had […]
by Vincent A. Toreno, Esq.
Title VII prohibits several types of discrimination including discrimination “because of sex.” But the courts have refused to accept sexual orientation as a protected class under Title VII. However, court opinions have indicated a shift and suggested that sexual orientation discrimination is in fact sex discrimination. Similarly, the EEOC has recently […]
by Vincent A. Toreno, Esq.
Following years of decline, the number of employees testing positive for drugs has increased steadily and is now at a ten-year high according to a report recently released by Quest Diagnostics. Sharp increases in marijuana positivity have been noted, in part likely because of its legalization in certain states; however, increases […]
by Kenneth A. David, Esq.
We’ve all heard the statistics that returning injured employees back to work as soon as practical after a work injury can greatly reduce the overall cost of the claim, not to mention improve the overall outcome of the claim. But how do employers increase the odds that the return to work […]
by Alissa C. Atkins, Esq.
The same OSHA rule also dissuades employers from requiring post-accident drug tests. Because OSHA bans retaliatory actions against employees who report work-related injuries, the final rule suggests that drug tests not be performed post-accident as a matter of course. OSHA contends that workers are afraid to report work-related injuries because they […]
by Alissa C. Atkins, Esq.
Last month, OSHA issued a final electronic record-keeping rule, which will become effective on Jan. 1, 2017. The rule applies to employers with 250 or more employees and with as few as 20 employees in “high-risk industries,” including construction, manufacturing, stores, freight trucking and hospitals. The rule requires that data regarding […]
by Vincent A. Toreno, Esq.
The Supreme Court of Kentucky recently ruled that an injury sustained by a claimant during a pre-employment physical was not compensable. The Kentucky claimant underwent the exam after being given a tentative job offer. However, the offer was contingent upon passing the physical. In other words, the pre-employment physical was a […]
by Alissa C. Atkins, Esq.
Employer wellness programs continue to gain popularity, not only for driving down the cost of group health insurance premiums but also because they can have a positive impact from a workers’ compensation standpoint. Employers with programs that address employees’ diabetes or high blood pressure can see a potential return on the […]
