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ERISA doesn't preempt unsafe workplace claim (access required)

By: Lawyers Weekly Staff
Published: January 28, 2008

A state law claim alleging that an employer was negligent for failing to maintain a safe work environment isn't preempted by ERISA, even though the plaintiff signed an agreement providing that her employee benefit plan would provide the exclusive avenue of relief for on-the-job injuries, the 5th Circuit has ruled in reversing a dismissal. The plaintiff's ...
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