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Showing 6 posts in Workplace Injury.

Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive Remedy Provision

February 5, 2018 by Elizabeth A. Odian

In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort. In other words, they may choose to file a worker’s compensation claim or file a lawsuit seeking damages not available under the Act. The decision is likely to cause shock waves among employers who use temporary employees--until this decision, employers were previously immune from tort claims by all employees, temporary or permanent, under the Act’s exclusive remedy provision. More ›

OSHA Delays Electronic Reporting to December 15th

November 24, 2017 by Aimee E. Delaney

In the ongoing series of updates on the status of OSHA's electronic reporting, we have another development.  More ›

Dear Employers, Familiarize Yourself with OSHA's Electronic Injury Tracking Application Before December 1, 2017

August 9, 2017 by Aimee E. Delaney

As reported by the Employment Law Observer in June, OSHA has formally proposed to delay the July 1, 2017 deadline for electronic injury and illness reporting to December 1, 2017. Since announcing the delay, OSHA formally launched the Injury Tracking Application (ITA), which will serve as the secure website covered employers will use to electronically report mandatory injury and illness information. This was the missing piece preventing the July 1, 2017 deadline from taking effect, as OSHA had not set up the portal in advance of the original deadline.  More ›

DOL Challenges Injury and Accident Reporting Policy Under OSHA’s Anti-Retaliation Rule

June 1, 2017 by Elizabeth A. Odian

OSHA’s new anti-retaliation rule went into effect on December 1, 2016. The purpose of the new rule was to clarify what OSHA considered “the existing implicit requirement” that an employer work-related injury and illness policies be reasonable and not deter or discourage employees from reporting injuries. Since that time, employers and lawyers alike have waited to see what types of policies OSHA would target under the new rule. The Department of Labor’s recent complaint filed in the Eastern District of Wisconsin sheds some light on that question. More ›

Texas Court Declines to Enjoin OSHA's Anti-Retaliation Rules

November 30, 2016 by Elizabeth A. Odian, Aimee E. Delaney

In the last few weeks, federal courts in Texas have been the center of attention, deciding what rules and regulations of the current administration may fall to legal challenges asserted in the jurisdiction by collections of states, business, and trade associations, among others.  Texas courts have issued preliminary injunctions impacting the persuader rule, and most recently the DOL's new overtime rule.  More ›

Calling All Employers: Webinar Discussing OSHA's Final Rule on Reporting Workplace Injury and Illness Data

November 21, 2016 by Elizabeth A. Odian

OSHA Webinar HeaderWorried about what the new OSHA Final Rule means for your company? Don’t worry – we’ve got you covered. If you are a business owner, in-house counsel, human resource policy decision-maker, employment and labor law specialist, or a front-line HR professional, you won’t want to miss our webinar on Wednesday, December 7th at noon Central.  Hinshaw Labor & Employment lawyers Aimee E. Delaney and Elizabeth Odian will walk
you through the revised OSHA regulations, their implications, and ways you can manage risk to your  organization. More ›

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