Wednesday, June 22, 2011
Recent Decision On Election of Remedies at Court of Appeals
A recent Court of Appeals decision on a workers compensation claim brings to mind an issue that I've never discussed here on the blog - the Election of Remedies Doctrine. In this case, the worker was injured working for an employer who did not carry workers compensation insurance. In such cases, the worker can elect his or her remedy between pursuing a tort (personal injury) claim against the Employer versus pursuing a Workers Compensation claim through the Industrial Commission's Special Fund No Insurance Section. (In cases where the Employer IS insured, the only remedy is a work comp claim).