If an employee has agreed to a workers' compensation scheme, she may not file a lawsuit against her employer for negligence because workers' compensation is the exclusive remedy.
A workers' compensation clause known as an exclusive remedy forbids injured workers from suing their employer while they are collecting payments from workers' compensation.
Employees hurt on the job are prohibited from suing their employers in tort under a provision known as an exclusive remedy that is found in workers' compensation laws. Injured employees' only option for redress is the amount offered under workers' compensation.
State-by-state variations on exceptions to this law do give the employee a place to seek legal redress. Such deviations include two different types: the failure to get and maintain insurance and the employer's deliberate negligence.
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