applies and the employee can only sue under the Workers’ Compensation
statute, there are certain important ramifications. To begin with, the
employee is likely to get less money. While statutory caps limit
workers’ compensation benefits, damages in tort-based, common law
actions are limited only by the court’s discretion. Another crucial
difference between these forums concerns statutes of limitations which
are statutes limiting the amount of time one has to bring a claim.
Workers’ Compensation statutes carry different statutes of limitations
from those found in tort for the same type of claim. If exclusivity
applies and the statute of limitations under the Workers’ Compensation
statute has expired, you will not be allowed to sue in tort.