Exclusive Remedy Doctrine

The historical bargain at the heart of all Workers Compensation systems: employees get guaranteed no-fault medical and wage-replacement benefits, and in exchange give up the right to sue the employer for negligence. This is what makes Workers Comp work — both for the worker (faster, certain recovery) and the employer (predictable, capped exposure).

Exceptions vary by state and may include: intentional employer conduct, dual-capacity claims (employer also serves as product manufacturer of the injuring item), failure to carry required WC coverage, and certain third-party-over actions. Sole proprietors and independent contractors are generally outside the doctrine — which is why misclassification cases are particularly costly to employers.