What is the “exclusive remedy” in worker’s compensation cases?
The exclusive remedy provision of the workers’ compensation act is a legal doctrine that states that an employee who has been injured on the job is limited to recovering compensation under the workers’ compensation system, and cannot sue their employer for additional damages in a civil court.
In other words, if an employee is eligible for workers’ compensation benefits, they cannot also bring a personal injury lawsuit against their employer for the same injury. The idea behind the exclusive remedy provision is to provide a quick and efficient system for employees to recover compensation for job-related injuries without having to go through the lengthy and uncertain process of a civil lawsuit.
However, there are exceptions to the exclusive remedy provision. For example, if the employer intentionally caused the injury, the employee may be able to sue for damages in a civil court. In addition, if a third-party was responsible for the injury (such as a manufacturer of a defective product), the employee may be able to bring a separate lawsuit against that third-party.
It’s important to note that the exclusive remedy provision varies from state to state, and it’s crucial to consult with an experienced attorney to determine your rights and options in a workers’ compensation case. At Dixon Law Office, our experienced attorneys have a thorough understanding of the workers’ compensation system and will work with you to navigate this complex area of law to ensure that you receive the compensation you deserve.