exclusive remedy News

Viewpoint: Subrogating Employees’ Intentional Act Damage Recoveries

The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits …

Worker Who Blames Carrier for Suicide Attempt Can’t Sue in Tort

An injured worker may not pursue a tort claim against a workers’ compensation carrier that he accuses of negligence by denying payment for antidepressants, prompting him to attempt suicide, the Wisconsin Court of Appeals ruled. The court’s District III on …

Claim Survives Because of W.V. Statute that Limits Exclusions for Borrowed Vehicles

Workers’ compensation immunity doesn’t shield an insurer from liability for injuries caused by someone who was borrowing the employer’s truck, and neither do exclusions in the policy, the 4th Circuit Court of Appeals ruled. The appellate court found that workers’ …

Court Allows Suit Alleging ‘Outrageous Conduct’ by AIG and Coventry to Proceed

An Alabama appellate court has cleared the way for a lawsuit that alleges outrageous and fraudulent conduct by American International Group and Coventry against a worker who was injured in an explosion and sought psychological care. The Court of Civil …

Temp Workers in Wisconsin Have Right to File Tort or Claim Workers’ Comp

A recent decision handed down by the District III of the Wisconsin Court of Appeals gives injured temporary workers the ability to choose whether to file suit against their employer or claim workers’ compensation benefits. The case, on appeal from …

South Dakota Bill Seeks to Clarify Workers’ Comp Law

A bill introduced in the South Dakota House would clarify state law on when part-time employees injured on the job should also receive workers’ compensation benefits for their other part-time positions. The proposed legislation stems from a 2015 state Supreme …

Workers’ Comp Exclusive Remedy Bars Bad Faith Claim in North Carolina

The exclusive remedy provisions in North Carolina’s workers’ compensation law were recently challenged by an injured worker who sought to bring a bad faith claim against the insurer. The worker, Jeff Bowden, was injured while on the job. While his …