Defenses and Affirmative Defenses
Immunities and Statutory Bars
Workers' compensation provides the exclusive remedy against an employer for workplace injury, barring tort claims. Exceptions include intentional torts, dual capacity, and in some states substantially certain injury.
Third-party claims remain available.
Alternative Names:
Exclusive Remedy Bar, Workers' Comp Exclusivity
Why it Matters?
The intentional tort exception is the primary route around exclusivity and its scope varies dramatically, with some states requiring actual intent to injure while others accept substantial certainty that injury would result. That difference determines whether a knowing safety violation can support a tort claim. Third-party claims against equipment manufacturers and premises owners remain the more common route, with employer contribution frequently barred.
Frequently Confused with
Related terms
Frequently asked questions
What is the intentional tort exception?
What claims remain available?
