Exclusive Remedy for Workplace Injuries

Workers’ compensation is the exclusive remedy for work-related injuries. This means, for example, that an employee cannot sue an employer in civil court for emotional distress or negligence unless the conduct falls outside the normal employment relationship. In most instances, the employee’s sole remedy against the employer is in the workers’ compensation forum.

Likewise, the exclusive remedy rule prevents claims against fellow employees acting within the scope of their employment.¹ However, the following exceptions apply:

• When the injury or death is legally caused by the other employee’s willful and unprovoked