The Exclusivity Rule in Worker’s Compensation~2 min read

After you’ve been injured at work, you likely have many questions. You may have heard of the Exclusivity Rule in worker’s compensation but have questions about the rule. You may have questions about the way your worker’s compensation claim is moving forward. What is the Exclusivity Rule, and how does it affect your worker’s compensation claim?

By law, accidental injuries which occur at work must exclusively be brought under the worker’s compensation statute. This requirement to bring these claims as worker’s compensation cases is called the Exclusivity Rule. The Exclusivity Rule means that claims based on a work-related injury that could be brought against an employer or coworker are barred, except in very limited circumstances, and thus the “exclusive” remedy is in workers’ compensation. This prevents bringing a lawsuit against an employer based on negligence when that negligence is from an employer, co-worker or supervisor For further information about your work-related injury claim, contact the team of experienced worker’s compensation attorneys at Parnell, Michels & McKay.

One of the limited exceptions to the Exclusivity Rule in worker’s compensation is for wrongful termination claims. Employees who have been terminated unfairly are not barred by the Exclusivity Rule from pursuing a wrongful termination claim. Parnell, Michels & McKay is ready to assist with employment law claims as well. Additionally, if you are injured by a third party (like an auto accident), you can bring both a regular injury claim and a workers’ compensation claim if the third party is not an employer or co-worker.

If you need advice about what the best way forward is after you have been injured at work, contact our team of worker’s compensation attorneys today.

We have 2 office locations: 25 Nashua Rd., Suite C5, Londonderry, NH 03053. Phone number is (603) 434-6331. Our 2nd office is at 137 Main St., P.O Box 669, N. Woodstock, NH 03262. Phone number is (603) 745-8600.