X

Legal Memorandum: Exclusive Remedy Provisions

Issue: What is the purpose of the exclusive remedy provisions of the Minnesota worker’s compensation law?

Area of Law: Workers Compensation Insurance
Keywords: Workers' compensation law; Exclusive remedy provisions
Jurisdiction: Minnesota
Cited Cases: 664 N.W.2d 324; 684 N.W.2d 434
Cited Statutes: None
Date: 03/01/2007

Historically, an employer was entitled to the protection of workers’ compensation instead of a lawsuit because it provided the employee benefits, including unemployment, tax payments, and workers’ compensation.  Most importantly, the employer had a vested interest in safety because it was on the hook for the injuries of its employees.  The Minnesota Workers’ Compensation Act is based on mutual renunciation of common law rights and defenses by employers and employees.  Meintsma v. Loram Maint. of Way, Inc., 684 N.W.2d 434, 438 (Minn. 2004).  The Act’s purpose is to provide a measure of security to workers who are injured on the job, the burden of the expense of such injuries being considered part of the expense of production.  Correa v. Waymouth Farms, Inc., 664 N.W.2d 324, 328 (Minn. 2003). 

[…]

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)