Many employers are aggravated by the employee favorable WC system. The Exclusive Remedy provisions in WC law, however, are a significant benefit for the employer. Plaintiffs’ attorneys searching for ways to exploit the COVID 19 Pandemic, for instance, will not be able to sue employers in regular court on behalf of employees who became sick; based on a claim that the employer subjected the employee to unsafe conditions, for instance. Employees must take any such claims to their employer’s workers’ compensation carrier where they will not find any of the punitive damages and other tort claims that net large settlements and awards. Workers Compensation insurance is the exclusive remedy for employees who become ill on the job.
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