COVID-19 and the Exclusive Remedy Rule

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An injured employee usually cannot sue the employer in civil court. Generally, when the conditions of compensation set forth in LC 3600 concur, the sole and exclusive remedy of the employee and his or her dependents against the employer is the workers' compensation system (LC 3602(a)).

The purpose of the exclusive remedy rule is to protect the employer from unlimited liability for the industrial injuries of its employees –– to protect the employer's side of the compensation bargain. Under the compensation bargain, the employer assumes liability for industrial personal injury or death without regard to fault in exchange for limitations on the amount of that liability. The employee is given relatively swift and certain payment of benefits to cure or relieve the effects of industrial injury without having to prove fault but, in exchange, gives up the wider range of damages potentially available in tort.

The rule is the same when an employee is injured or dies as a result of a COVID-19 related illness. Employee may pursue a workers' compensation claim against an employer but generally cannot sue the employer in civil court. This means an employee is limited to benefits available in the workers' compensation system: (1) medical care; (2) temporary disability; (3) permanent disability; (4) money for retraining; and (5) death benefits in the event of death.

Even if an employee is covered by a presumption that the COVID-19-related injury or death arise out of and in the course of the employment, the employee will only be entitled to regular workers' compensation benefits although any paid sick leave benefits specifically available in response to COVID-19 must be used and exhausted before any temporary disability benefits are due and payable (LC 3212.87(c), LC 3212.88(c).) The employee is not entitled to expenses not normally covered by workers' compensation such as expenses related to a self-quarantine or mandatory quarantine or expenses for the purchase of personal protective equipment (PPE).

See Also

• When Is COVID-19 Work Related?
• COVID-19 Presumptions

References

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