5 Exceptions to the Workers’ Compensation Exclusive Remedy Rule – 1 May Surprise You
Workers’ compensation is designed to be the exclusive remedy for employees with work-related injuries and disabilities.
Exclusive remedy essentially makes workers’ comp the main form of compensation for injured workers. It’s also designed to prevent injured workers from seeking other methods of compensation, such as a lawsuit for a personal injury.
With that said, there are some exceptions to the workers’ compensation exclusive remedy rule.
Any intentional acts that resulted in an injury are exceptions to the exclusive remedy rule.
Imagine a situation where an employee is physically assaulted by their employer, or if the employer released a toxic chemical to purposely hurt someone. These acts are intentional rather than accidental, and can set the grounds for a legal case.
Another exception to the workers’ comp exclusive remedy rule is if the employer lacks workers’ compensation coverage.
Despite the fact that workers’ comp is required by California law, it’s not uncommon for some employers to try cheating the system. Employers may even incorrectly classify their employees as independent contractors.
In this case, an injured employee can file a suit against their employee.
Fraudulent concealment is another exception to the workers’ compensation exclusive remedy rule.
Let’s say an employer is fully aware of dangerous chemicals that their employees are exposed to, yet they hide their knowledge and continue letting employees work. The employer’s failure to stop their workers and protect them from the chemicals is fraudulent concealment.
Dual capacity is one of the more unique exceptions to workers compensation exclusive remedy.
Imagine a situation where Rosalyn is employed by a retailer in a large mall. On her day off, she visits the store and breaks her hand after tripping over a stool improperly placed.
Despite the fact that Rosalyn was injured at her place of employment, she would not qualify for workers’ compensation since the injury did not occur while she was on the clock. Instead, she would file a suit for a personal injury, most likely for a slip and fall.
The last exception to workers’ compensation exclusive remedy is in regards to power presses.
According to OSHA, a mechanical power press shears, punches, forms, or assembles metal or other materials by means of tools or dies attached to slides or rams.
A company may sometimes make changes to the power press. Whether it be for more efficiency or lack of knowledge, these changes can make the process more dangerous for workers and lead to serious injuries.
There are numerous injuries that can lead to a workers’ compensation case. Whether or not it’s a exception to exclusive remedy, workplace injuries might include:
- Broken bones
- Cuts and lacerations
- Back injuries
- Scarring and disfigurement
- Burn injuries
- Neck pain
- Loss of limbs
- Internal injuries
- Concussions
- Wrongful death
At C&B Law Group, our Los Angeles workers’ compensation attorneys have decades of combined experience helping clients.
Getting injured at work is never easy. Not only can you find yourself in physical pain, but you may be suffering from mental trauma as well.
In fact, some work injuries are so serious, employees cannot return to their normal job functions.
Our compassionate LA workers’ comp lawyers at C&B Law Group are prepared to fight within our legal power to make sure you receive the compensation you deserve following a workplace injury.
If your case falls under any one of the aforementioned remedies, we will let you know of your options, and we’ll always ensure you are guided to the best possible outcome.
We work on a contingency basis, so you don’t owe us any attorney fees until the successful completion of your case. There isn’t much to lose.
We are available via email, phone, and text. Contact C&B Law Group today about your free consultation.
