Non-Physical Harms

Many state Workers’ Compensation statutes deny coverage for non-physical harms, where the employee suffered only psychological injuries. Courts have ruled that where the legislature denies coverage in this way, the employee will be allowed to sue in tort, even though exclusivity may apply.

• 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