Workers' Comp Exclusive Remedy Rule: Navigating Exceptions, Jurisdictional Differences, Litigation Best Practices

Description

Under the workers' comp exclusive remedy rule, employees who are injured on the job receive no-fault medical expense coverage and wage replacement benefits in exchange for not suing their employer for the injury. While the exclusive remedy doctrine applies in most workers' compensation matters, there are exceptions to the rule that may vary by state.

For example, under the dual capacity doctrine, an employee may take legal action against their employer where the employer causes injury in some capacity other than as an employer. In other situations, an employer's intentional commission of serious and willful misconduct that causes workplace injury could be an exception, although there are still a number of states that do not allow employees to sue for intentional acts. Additionally, where employers violate state and federal employment laws meant to protect workers, employees may have an alternative path outside the exclusive remedy provision.

Listen as our expert panel provides a comprehensive overview of the exclusive remedy provision and exceptions to the rule. The panel will discuss how these exceptions may vary by jurisdiction as demonstrated through regulations and recent case law. The panel will also offer best practices for bringing and defending against claims seeking to circumvent the exclusive remedy rule.