Worker's Compensation

Workers' compensation is a no-fault system of compensation in which employees who are injured at work or sustain an occupational disease may obtain payment for lost wages, medical costs, both present and future, and occupational rehabilitation expenses without regard to their personal negligence or fault. In exchange for this no-fault system, employees give up their right to sue their employers directly for negligence or other damages. Employers also benefit by being insulated from the possibility of paying large tort verdicts to injured employees in civil actions. In exchange for that protection, the employer surrenders many of the common-law defenses that otherwise would be available in civil litigation. An employee is not prohibited from suing the employer in tort on the basis of intentional tort theories, such as retaliatory discharge, or for nonphysical torts, such as emotional distress, despite the exclusivity provisions of workers' compensation.

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