Workers compensation: Exclusive remedy doctrine under assault

Before the 20th century, employees had to sue employers to recover damages for injuries sustained at work. Burden was on the injured worker to prove no negligence, as they were expected to know the hazards of the job and assume the risks. The fellow servant rule held that  injury caused by a fellow worker was not an act of the employer, protecting the employer against recovery. Companies could require workers to sign a waiver of the right to sue for exceptionally dangerous jobs.

These agreements became known as “death contracts.” In the early 20th century, courts began passing workers’ compensation laws, and the doctrine of “exclusive remedy” was born - becoming the sole compensatory vehicle available to injured workers, preventing employees from filing tort liability claims against their employers.