It’s rare, but it can happen. An injured worker can sue an employer outside the workers’ comp system. The exclusive remedy prevents civil suits in exchange for the employer paying all benefits to cover a work related injury.
Civil damages will pay much more than a workers’ comp, and courts have recognized a narrow exception to the exclusivity rule. If the employer intentionally creates a dangerous situation knowing an injury would occur, or the employer intentionally caused the injury.
This is a high standard to meet. If the employer was careless, even negligent, the employee has to prove intent to prevail. Still, it’s important to acknowledge the situation can arise. Staffing firms need to be aware of the legal standards and the impact it can have on their insurance coverages.
LeastStaff has many workers’ comp and general insurance solutions to keep your insurance rates as low as possible.