RON M. CANTER

Ordinarily an employee who qualifies for Worker’s Compensation benefits may not file a personal injury suit against the employer. There are two narrow exceptions where Worker’s Compensation preemption might not apply, and an employer might be subject to lawsuit:

When an employer intentionally causes injury to an employee.

When an employer is required to carry Worker’s Compensation coverage but fails to do so.

This exception for intentional acts is very narrow. It is not ordinarily enough that an employer creates conditions where there is a very high probability that an employee will be injured. Ordinarily the employer must have committed a specific act intended to cause injury to the employee.

LAWYER RONALD M. CANTER

The Federal Employment Liability Act (FELA), while not a workers’ compensation statute, provides that railroads engaged in interstate commerce are liable for injuries to their employees if they have been negligent.

RON M. CANTER LAWYER

RONALD M. CANTER LAWYER: The job of an attorney
Once admitted to practice by the highest court of a state (a function sometimes administered by the state’s bar association), an American attorney may file legal pleadings and argue cases in any state court (federal courts usually require separate admission), provide legal advice to clients, and draft important legal documents such as wills, trusts, deeds, and contracts.
In some states, real estate closings may be performed only by attorneys, even though the attorney’s role in a closing may involve primarily notarization of documents and disbursement of settlement funds through an escrow account.
Practicing law includes interviewing a client to identify the legal question, analyzing the question, researching relevant law, devising legal solutions to problems, and executing such solutions through specific tasks such as drafting a contract or filing a motion with a court.
Most academic legal training is directed to identifying legal issues, researching facts and law, and arguing both the facts and law in favor of either side in any case.
For several years, law schools have sent through far more students than new job openings have become available. This has often lead to attorneys (once they pass the bar) seeking work in other occupations, either by choice or by the lack of employment opportunities. This has led to a market in legal temps or contract attorneys, where attorneys spend a certain period of time working on tasks such as discovery for a case.

ATTORNEY RON M. CANTER

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