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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, December 17, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE webinar will provide a comprehensive overview of the workers' compensation exclusive remedy rule and notable exceptions to the rule. The panel will examine recent case law and regulations demonstrating how these exceptions may vary by jurisdiction. The panel will also offer best practices for bringing and defending against claims seeking to bypass the exclusive remedy provision.

Faculty

Gary L. Wickert
Shareholder
Matthiesen, Wickert & Lehrer, SC

Mr. Wickert is an insurance trial lawyer and is regarded as a leading expert on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker on subrogation. Mr. Wickert oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom.

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Description

Under the workers' comp exclusive remedy rule, employees who are injured on the job receive no-fault medical expense coverage and wage replacement benefits in exchange for not suing their employer for the injury. While the exclusive remedy doctrine applies in most workers' compensation matters, there are exceptions to the rule that may vary by state.

For example, under the dual capacity doctrine, an employee may take legal action against their employer where the employer causes injury in some capacity other than as an employer. In other situations, an employer's intentional commission of serious and willful misconduct that causes workplace injury could be an exception, although there are still a number of states that do not allow employees to sue for intentional acts. Additionally, where employers violate state and federal employment laws meant to protect workers, employees may have an alternative path outside the exclusive remedy provision.

Listen as our expert panel provides a comprehensive overview of the exclusive remedy provision and exceptions to the rule. The panel will discuss how these exceptions may vary by jurisdiction as demonstrated through regulations and recent case law. The panel will also offer best practices for bringing and defending against claims seeking to circumvent the exclusive remedy rule.

Outline

  1. Introduction
  2. Workers' comp exclusive remedy provision
    1. History
    2. Purpose
  3. Exceptions to the exclusive remedy provision
    1. Dual Capacity Doctrine
    2. Intentional Act / Assault
    3. Machine Modifications / Safety Devices
    4. Fraudulent Concealment of Injury
    5. Borrowed Servant Doctrine
    6. Employee Leasing / Temporary Employment
    7. Action-Over Claims (contractual indemnity)
    8. Statutory Employers in Construction Settings (Contractors/Subcontractors)
    9. Bare Employers (no workers' compensation coverage)
    10. UM/UIM Claims
    11. Employer Contribution / Employer Fault
  4. Pointers regarding third-party liability
  5. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What is the workers' comp exclusive remedy provision, and what is its purpose?
  • What are common exceptions to the exclusive remedy rule? How do these vary by jurisdiction?
  • When may a claimant consider action against an employer pursuing an exception to the exclusive remedy rule? Can a workers' compensation carrier obtain reimbursement from a recovery obtained by the employee from the employer under an exception to the exclusive remedy rule?