Workers CompensationQuestion 488 of 531

The exclusive remedy concept in a workers compensation system means that an injured employee:

a.Gives up the right to sue the employer in tort
b.Must prove employer negligence to collect anything
c.Keeps a separate right to sue for pain and suffering
d.May choose between benefits and a negligence suit

Explanation

Workers compensation is a trade: the employer accepts liability without regard to fault, and in exchange the statutory benefit becomes the employee's sole remedy against that employer. The choice describing a separate suit for pain and suffering fails because those damages are not in the benefit schedule and the tort action that would recover them is barred. Proving negligence is exactly what the injured worker no longer has to do.

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