Hinshaw Announces Publication of 50 State Survey on Workers' Compensation Law

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Hinshaw & Culbertson LLP is pleased to announce the publication of the First Edition of its 50 State Survey: Workers' Compensation Law Exclusivity, Exceptions, Third Party Action Over Claims & COVID-19 Developments, authored by the firm's global Insurance Services Practice Group. Workers' Compensation laws are complex and the determination of whether an exception exists for a Direct Claim or whether a third-party may assert an Action Over Claim requires review of the controlling statutory and case law and consideration of the fact-specific circumstances. This guide, the Fifth Volume of Hinshaw's On The Law series, provides a 50 state overview for claims professionals regarding these issues.

The first part of the survey provides (1) a general overview of the exclusive remedy provision of the Workers' Compensation laws of each state, (2) an overview of the circumstances in which an employee may assert a Direct Claim (i.e., exceptions to exclusivity), and (3) an overview of the circumstances in which a third party may assert an Action Over Claim (asserting that the employer of the injured employee is liable to the third party). The second part of the survey provides a summary of enacted and proposed COVID-19-related amendments to each state's Workers' Compensation law.

This survey does not contain legal advice or establish an attorney-client relationship. We recommend review of the actual language and status of each piece of legislation and case law as well as continued review on an ongoing case-by-case basis and consultation with counsel as appropriate to ensure compliance.