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

Volume V of Hinshaw's On The Law Series Considers Exclusivity, Exceptions, Third Party Action Over Claims & COVID-19 Developments

June 15, 2020

| Download a copy of the 50 State Survey PDF |

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.

Hinshaw & Culbertson LLP is a U.S. based law firm with offices in 11 states and London. The firm's national reputation spans the insurance industry, the professional services sector—including representation of law firms and lawyers—and other highly regulated industries, such as banking and finance and the debt collection sector. Hinshaw also provides a series of closely coordinated litigation, business advisory and transactional services to clients of all sizes as well as governmental and public sector entities.