A new survey by Saxe Doernberger & Vita examines several key issues relating to the scope and extent of workers’ compensation requirements and immunity across all 50 states.
SDV’s Workers’ Compensation Immunity State by State Survey includes, among other topics, exclusive remedy protections and the application of such protections in the consolidated insurance program (wrap up) context.
The article reviews for each state:
- type of workers’ compensation insurance (private or state funded);
- workers’ compensation exclusive remedy statutes, which address the extent to which workers’ compensation benefits constitute an injured
- principal/statutory employer doctrine;
- application of exclusive remedy statute to principal/statutory employers;
- application of exclusive remedy statute to wrap-ups; and
- subrogation waiver prohibition by statute
A fundamental principle of workers’ compensation laws is that an employer that provides compensation to an injured employee (pursuant to the applicable state statute) is entitled to immunity from civil actions by that employee or his/her representatives (i.e., an employee’s exclusive remedy is workers’ compensation benefits). Under certain circumstances and in some jurisdictions, this immunity is extended to upstream parties such as a project owner or general contractor. This survey should help construction professionals begin to navigate the complex world of worker’s compensation immunity law.