Injury To Spouse/Parent

Where a spouse or parent is injured during the course of employment, exclusivity generally applies and the employee must refer to the Workers’ Compensation statute. However, in certain cases, it may be possible to show that the injury involved such a flagrant violation of an employer’s duty vis-à-vis the employee that this violation was not contemplated by the state legislature & that exclusivity should not apply, with the employee able to bring an action in tort.