Class Action Challenges Mandatory Electronic Filing
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Questions regarding whether LexisNexis Courtlink is licensed to do business in Georgia and the location of its registered agent prompted attorney Steven J. Newton to amend his complaint against the company and Fulton County State and Superior Court officials. Newton filed the federal class-action in June, claiming LexisNexis Courtlink and the court officials are running an illegal, mandatory, electronic filing system.
Newton contends that filings in Fulton County State and Superior Courts, filed through the LexisNexis File & Serve system, can cost up to $11 per filing in cases for which electronic filing is mandated by orders from Fulton County State and Superior Courts, and authorized by the Fulton County Board of Commissioners.
Shortly after filing the complaint in June, Newton said he realized the location of the registered agent of LexisNexis Courtlink had changed since he filed the original lawsuit in December 2007.
Newton withdrew his original lawsuit in March. He said that defendants' attorneys told him that LexisNexis Courtlink no longer existed in Georgia. After checking the Secretary of State Web site, Newton said, he saw that LexisNexis Courtlink had filed a certificate of withdrawal on Jan. 15, and was no longer licensed to do business in Georgia.
But Newton said the company continues to do business in Georgia, as he still receives invoices from it, and the company recently conducted training sessions in Atlanta. So, Newton said, he amended the first complaint to state that LexisNexis Courtlink can be served at the Atlanta address where it held training, or in Newton, Mass.
Attorneys for the defendants have requested more time to respond to the amended complaint. Newton said no additional time should be granted.
"It's pretty much the same complaint I filed (months ago,)" he said.
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Does a car or truck accident count as a work injury?
If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.
Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.
If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases.
If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.
Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.