Glossary · PA Workers' Comp

Exclusive Remedy

The legal doctrine that limits injured workers' recovery to workers' comp benefits, generally preventing them from suing their employer in tort for work injuries.

Definition

The exclusive remedy doctrine is a fundamental principle of workers' compensation law: in exchange for the certainty of no-fault benefits, employees give up the right to sue their employer in tort for a work injury. Workers' comp is the exclusive remedy for work-related injuries.

Pennsylvania's Exclusive Remedy Rule: What It Protects and Its Limits

Pennsylvania workers' comp law provides that an employee's rights under the Workers' Compensation Act are the exclusive and mandatory remedy for injuries caused by workplace accidents, occupational diseases, and work-related aggravations of pre-existing conditions.

Exceptions to exclusive remedy in Pennsylvania include: third-party liability (the employer can be sued when they were acting as a third party, not just as an employer), intentional torts, and certain dual-capacity situations.

From the employer's perspective, the exclusive remedy protection is valuable because it prevents potentially catastrophic tort judgments for workplace accidents. Without it, a single serious injury could expose an employer to multi-million dollar jury verdicts.