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Ken Margolin

Can I Sue if I Receive Workers Compensation?

I have been asked this question many times over the years by clients who have received serious personal injuries at work. Workers compensation pays the injured employee regardless of whether the employer or anyone else was negligent, and even if the employee’s own negligence contributed to his injuries. Worker compensation laws are essential, but they are something of a devil’s bargain. The…

Ken Margolin

Working Teens at Risk

A disturbing article in Yahoo News the other day, described a serious problem with high school aged youths put in dangerous work situations. According to the piece, many teens between the ages of 14 and 18, were assigned to work with dangerous tools, with inadequate training, allowed to work excessive hours, or permitted to work with no adult supervision. Many of the violations noted were in…

Ken Margolin

Workplace Assaults

The National Institute for Occupational Safety and Health (NIOSH) reports that an average of 1.7 million people annually were the victims of non-lethal workplace assaults during the period 1993-1999. Leading the way for types of employment carrying the greatest risk of assault, were nursing homes and hospitals. Retail operations, such as grocery stores, also carried a surprisingly high risk…

Ken Margolin

Railroad Worker Injury Cases

A colleague called me recently with questions about the rights of a railroad employee who suffers injury or death as the result of railroad negligence. The answer lies in a special statute, known as the Federal Employers Liability Act (“FELA”). FELA covers all claims resulting from the injuries or deaths of railroad workers in the course of their employment if the railroad was engaged in…