Exclusive Remedy

Updated: 29 February 2024

What Does Exclusive Remedy Mean?

Exclusive remedy is the provision in a worker’s compensation policy that does not allow an employee to file a legal complaint against the employer for a work-related injury. The benefits for injury are viewed as the compensatory package.

Insuranceopedia Explains Exclusive Remedy

The speedy delivery of benefits for work-related injury is the compensation itself. This is considered the exclusive remedy for the injury. In the absence of workers compensation insurance, the injured worker can seek an alternative route to compensation through the courts.

Even with an exclusive remedy provision, employees can still seek damages from the courts if the injury was caused by a third part or intentional harm by the employer.

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