Why am I stuck with Workers Compensation as my exclusive Remedy?
WORKERS COMPENSATION BENEFITS AS THE EXCLUSIVE REMEDY TO AN INJURED EMPLOYEE
I am frequently asked by clients why am I limited or suck with workers compensation being my only avenue to pursue my damages. They feel that the workers compensation system limits both their treatment and ultimately their settlement amount. The same injury can have a drastically different outcome depending on if it happens at work or say in a traffic auto accident. A personal injury case usually will pay significantly more then a workers compensation case. The reason for this divergence is because if you are injured at work the exclusive remedy rule normally applies, thus limiting the legal recovery devices exclusively to workers compensation benefits.
WORKERS COMPENSATION EXCLUSIVE REMEDY RULE
The applicant typically can not take legal action against the company in civil court. WCAB Exclusive Jurisdiction, typically, when the conditions of compensation stated in LC 3600 concur, the exclusive and single remedy of the staff member and his/her dependents versus the company is the workers’ compensation system. There are judicial and statutory exceptions, but, the basic rule is: The applicant can just pursue workers’ compensation benefits for job-related injuries.
FUNCTION OF THE EXCLUSIVE REMEDY RULE
The function of the exclusive remedy rule is to secure the company from limitless liability for the commercial injuries of its staff members to secure the company’s side of the compensation deal. Under the compensation deal, the company presumes liability for commercial individual injury or fatality without regard to fault in exchange for constraints on the amount of that liability. The worker is provided particular and reasonably quick payment of benefits to treat or alleviate the impacts of commercial injury without needing to show fault however, in exchange, surrenders the broader variety of damages possibly offered in tort.
Attorney Kevin Cortright Explains the Workers Compensation Exclusive Remedy Rule
SCOPE OF THE EXCLUSIVE REMEDY RULE
The exclusive remedy rule is even more than simply the rule developing the jurisdiction of the WCAB. A workers’ compensation claim is heard at the WCAB and the advantages are restricted to those statutorily proscribed. This is the exclusive remedy rule.
WCAB Exclusive Jurisdiction, normally, when the conditions of compensation set forth in LC 3600 concur, the exclusive and single remedy of the worker and his or her dependents versus the company is the workers’ compensation system. The function of the exclusive remedy rule is to safeguard the company from limitless liability for the commercial injuries of its staff members to shield the company’s side of the compensation deal.