Workers’ Compensation Exclusivity

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When a worker is hurt on the job, he or she is usually covered through employment by workers’ compensation insurance, which is designed to pay for the financial costs of a workplace injury whether or not the employer is at fault.  In theory workers receive this more certain recovery in exchange for giving up the right to sue their employers in court, making workers’ compensation benefits an employee’s exclusive remedy against an employer for injuries on the job.  Under most states’ workers’ compensation systems, employees are limited to recovery for medical bills, wages lost due to an injury, in some cases vocational rehabilitation to help the worker find another job, and benefits to family members when a worker dies in a workplace accident.

The laws of different states vary in how they interpret the exclusivity of workers’ compensation as a remedy for workplace injuries.  In many states workers’ compensation exclusivity is nearly absolute, meaning that an employee does not have any option to recover damages usually available in a lawsuit, such as compensation for the pain caused by an injury or anxiety from missing work and facing an uncertain future.  In other states, the law contains exceptions to workers’ compensation exclusivity for certain injuries, often depending on an employer’s intentional conduct.

However, even in states where workers’ compensation is an employee’s exclusive remedy against his or her employer for workplace injuries, other legal recourse may exist.  For instance, an employee injured by a defective product or dangerous chemical at work may have rights against the product’s manufacturer.  Additionally, where a worker is hurt on the property of someone other than his or her employer, the property owner may be liable to the employee for creating or permitting a dangerous condition.

Workers’ compensation is a valuable tool for helping injured workers deal with the financial cost and other burdens of on-the-job injuries, but it may not be an employee’s only remedy.  If you are hurt at work, a lawyer experienced in workplace injury cases can help determine your options and make sure your rights are protected at a difficult time.