Litigation glossary

Exclusive Remedy (Workers' Comp)

The workers'-compensation bargain: guaranteed no-fault benefits in exchange for losing the right to sue your employer. Third-party claims — against equipment makers or subcontractors — escape it.

Workers' comp pays scheduled benefits regardless of fault, and in exchange the statute makes those benefits your exclusive remedy against the employer in almost every state. That is why 'can I sue my employer' is usually the wrong question.

The right question is whether a THIRD PARTY shares responsibility — a machine manufacturer, a chemical supplier, another contractor on site. Third-party claims proceed as ordinary lawsuits alongside comp benefits, and they are where serious workplace-injury recoveries usually come from.

Sources & attribution

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