Plaintiffs challenge Exclusive Remedy with Intentional Tort Claims


Workers compensation exclusivity has come under an increasing wave of attack in U.S. courts, as plaintiffs seek additional compensation for workplace injuries in an environment of decreasing benefits.

“If it’s not a concerted effort, it’s a collective effort by the plaintiffs bar,” said Phillip Russell, a Tampa, Florida-based attorney with law firm Ogletree, Deakins, Nash, Smoak & Stewart P.C. “It has been a trend that became obvious over the past two years that more and more cases are being filed across the board trying to get around the exclusivity bar.”

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