Exclusive Remedy Provisions in Workers’ Compensation Laws
Workers’ compensation is a no-fault system in which workers are provided with benefits in they are injured in the course of their duties.
As a no-fault system, an employee does not have to prove that an employer was negligent to recover compensation. Additionally an employee’s negligence does not prevent them from receiving workmans comp benefits.
Workers compensation is designed to protect workers, but it also precludes them from suing employers in most cases. Provisions such as these are built into most state’s workers compensation laws and are called “Exclusive Remedy Provisions.” These provisions mean that if you are injured on the job the only way to obtain compensation is to file a workers compensation claim, which limits recovery as an employee is not entitled to punitive damages.
Injuries on the job can be common if appropriate safety measures are not taken to protect workers. If you or someone you love has been injured on the job, you may have a rightful claim to workers’ compensation for your injuries. For sound legal advice and assistance regarding your injury claim and workers’ compensation rights, contact a Raleigh workers’ compensation attorney of Scudder & Hedrick, PLLC, today at 919-851-3311.