Rimkus Consulting Group, Inc

Exclusive Remedy Defense Trending in COVID-19 Litigation

 Tuesday, July 20, 2021

 Business Insurance

Employer defendants in more than half of the COVID-19 injury or wrongful death lawsuits being tracked by the National Council on Compensation Insurance argue that the workers compensation exclusive remedy provisions in state laws bar such litigation.

Legal experts say litigation in which a worker or a surviving family member sues an employer over a COVID-19 infection or death is likely to continue as courts continue to reopen.

‘The covid litigation logjam broke in the spring,’ said Carin Burford, Birmingham, Alabama-based shareholder with Ogletree, Deakins, Nash, Smoak & Stewart P.C., adding that lawsuits are likely to pile up.

In a report issued June 11, Boca Raton, Florida-based NCCI detailed 18 cases involving employers nationwide that are facing allegations such as unsafe working conditions and failure to follow federal and local COVID-19 safety guidance.
LitigationWorkers' Compensation

Trending Litigation Topics Regarding COVID-19

 Monday, April 27, 2020

 JD Supra

Bill Seeks To Remove Exclusive Remedy For Bad Faith Claims

 Tuesday, February 21, 2017

 Business Insurance

Pending comp claim could keep Chrysler from using exclusive remedy

 Wednesday, December 14, 2011

 Business Insurance

Suit against coworker for leg injury barred by exclusive remedy

 Tuesday, June 7, 2011

 Workers Compensation

Missouri bill would reinstate workers comp exclusive remedy

 Monday, March 21, 2011

 Business Insurance

Claims arising from coworker scuffle not barred as exclusive remedy

 Tuesday, February 15, 2011

 Risk and Insurance

Waterboarding incident may fall under exception to exclusive remedy

 Friday, January 14, 2011

 Risk and Insurance

Racketeering claims blocked by exclusive remedy

 Wednesday, December 1, 2010

 Risk and Insurance

Judge rules RICO claims pre-empted by exclusive remedy

 Thursday, September 30, 2010

 Business Insurance