IC 22-3-2-6Exclusive remedies
Sec. 6. The rights and remedies granted to an employee subject to IC 22-3-2 through IC 22-3-6 on account of personal injury or death by accident shall exclude all other rights and remedies of such employee, the employee’s personal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury or death, except for remedies available under IC 5-2-6.1.
Formerly: Acts 1929, c. 172, s.6. As amended by Acts 1982, P. L.21, SEC.50; P. L.2-1992, SEC.740; P. L. 47-1993.
SEC. 11.
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It means that the workers’ compensation act is the only means through which an injured employee can be compensated for his or her workplace injuries.
In other words, you cannot sue an employer in tort for negligence that results in workplace injury. Instead you have to pursue workers comp.
If you take advantage of the rights and remedies (eg. legal standing for a lawsuit or compensation for an incident) that are written out in IC 22-3-2 through IC-22-3-6 (sections of the document), then you, your family/estate, or other representatives acting on your behalf lose the rights and remedies that would normally be given to you by other laws. The only exceptions are listed in section IC-5-2-6-1.
Assuming that this is an employment or insurance contract, that means you can either use the company’s compensation plan or the overall/”general” legal route for compensation. You cannot invoke the company’s compensation plan, and then also file a lawsuit using the “general” legal framework; you cannot get compensation twice from the company from a single incident.
“Exclusive remedy” means that this remedy (in this case, worker’s compensation) excludes anything else that you might get or be entitled to — specifically, suing your employer.
You’re already getting worker’s compensation, and that’s your compromise. You don’t also get to sue for damages.
> except for remedies available under IC 5-2-6.1.
…Unless you have some other claim that arises under that particular code section.
That’s Indiana workers comp law, and it’s just saying that where workers comp applies, the employee has only workers comp remedies available if injured or killed on the job.
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