Is the Workers’ Compensation Act (Act) the Exclusive Remedy?
Acceptance of the Act as the exclusive remedy by the employee and its dependents is mandatory. This means that the only remedy available to the employee and its dependents to collect any form of compensation for injuries on the job is through the Act. This mandatory coverage, however, does not apply if the employer does not carry workers’ compensation insurance, the injury resulted from the intentional acts of a co-employee or was self-inflicted, the injury did not occur during the course of employment, or the injuries resulted from the illegal use of drugs or intoxication. Actions against the employer for discrimination based on sex, age or race can proceed outside of the Act, although not for the damages aspect which would be covered under the Act. A wrongful discharge lawsuit can proceed outside the Act for all aspects, i.e. liability and damages. 2. How can a right to compensation be established? It is necessary to prove that an employment relationship existed between the employer
