Erosion of Exclusive Remedy May Leave Employers Exposed

NCCI has published a white paper reviewing a trend away from the exclusive remedy provided by most workers' compensation systems, stating that the trend raises questions concerning whether an employer is safe with most work comp policy "Part 2" sections.After performing an extensive review of case law that has eroded the exclusive remedy of workers' compensation in various jurisdictions, and also looking at statutory changes to the doctrine, NCCI's paper notes that some jurisdictions will not leave an injured worker without an "adequate remedy" for work place injuries. Thus the question is whe...