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Exclusive Remedy in Maine

State Snapshot BASIC RULE In Maine, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 39-A M.R.S. § 104. This is the case for all personal injuries and deaths or occupational diseases […]

Georgia Employers Bear Burden of Proving Exclusivity Rule Protects them from Tort Suit

Case File The Court of Appeals of Georgia held that the exclusive remedy provision of the state’s Workers' Compensation Act is an affirmative defense -- not a matter of subject-matter jurisdiction. This means that the […]

Could Parents of Teen Killed by Compactor sue Boy’s Supervisor in Tort?

What Do You Think? The “affirmative act” exception to Georgie's exclusivity rule allows employees injured at work to sue employers for personal injury under certain circumstances. A case involving a teen tragically killed while running […]

Could Veteran with PTSD sue for FMLA Retaliation Based on Getting Lower Bonus, Raise?

What Do You Think? Employers who take negative action against an employee after the employee exercises FMLA rights may face a retaliation claim. But how negative does the action have to be? A case involving […]

Could Estates of 8 Workers Killed by Tornado Sue Candle Factory?

What Do You Think? Employers and supervisors are generally protected from personal injury lawsuits if they maintain workers’ compensation coverage. But those protections may cease if a supervisor injures someone while acting outside the scope […]

Exclusive Remedy in Vermont

State Snapshot BASIC RULE In Vermont, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 21 V.S.A. § 622. This means that an injured employee cannot sue his employer in tort for […]