Employee Misconduct

Under certain state Workers’ Compensation statutes, if the employee’s own misconduct caused the employee’s injuries, the employee will be denied benefits. Therefore, if exclusivity applies, the employee is without a remedy.

• The Exclusivity Doctrine
   

• Anti-Discrimination Statutes
   

• Injury To Spouse/Parent
   

• Employer's Election
   

• Intentional Injury Of The Employee
   

• Non-Physical Harms
   

• Member of Class Given Option To Elect
   

• Injury To Sexual/Child Bearing Organs
   

• Injury To Unborn Child
   

• Physical Pain and Suffering
   

• Employee Misconduct
   

• Effect Of A Lawsuit On Subsequent Lawsuits