USLegal » Legal Definitions Home » E » Exclusive Remedy Rule Law & Legal Definition

Exclusive Remedy Rule Law & Legal Definition

Exclusive remedy provisions of workers' compensation statutes protect employers from common law suits by employees to recover for work-related injuries. All states have incorporated an exclusive remedy provision into their workers' compensation statute. Workers' compensation laws apply only to work-related injuries. Workers' compensation statutes in most states limit a worker's remedies for work-related injuries to a workers' compensation claim against the employer. This statutory scheme results from a compromise whereby both employers and employees give up certain advantages in return for others. Employers trade liability, regardless of fault, for protection from large tort awards, and employees surrender a cause of action in return for swift but limited financial benefits. These limited benefits are the exclusive remedy for injured workers against their employers. Several courts have carved out exceptions to the exclusive remedy rule that have allowed workers to recover more from employers than merely the statutorily prescribed benefits. One such exception, the dual capacity doctrine, releases an employee from the exclusive remedy rule by allowing an employee to sue the employer acting in a third party capacity, such as manufacturer or lessor of workplace products or provider of medical services.





Legal Definitions

Search Definitions

    Search Term(s):
    Exact word match:   

Get a Term Defined


Submit a Definition

  • Submit a Definition Help us build our database. Free listings for attorneys.
  • » Submit a Definition

  • Ask A Lawyer Online!
    An attorney will answer your question - normally within 24 hours.

Help Build USLegal

  • Join our Team and help build USLegal. Many opportunities for participation so Join our Network.
    Build USLegal

Read a Law Digest

  • Need to read the law or find an answer to a legal question? Visit our Law Digest for the largest selection of law digests and answers available.
    Go to Law Digest

Form Packages


Legal Life

Form Drafting

  • Can′t find the form you need, or need a form we offer revised for your situation? Submit your request and our attorneys will review the request and let you know if the form can be provided.
    Submit a drafting request...
Legal Forms Home