Injured D.C. Worker Gets 2nd Chance to Test Exclusive Remedy Limits

Case File

While a worker injured on the job didn't present evidence regarding whether Washington, D.C.'s exclusive remedy rules should apply, an appeals court found that the lower court was too hasty in deciding that she couldn't have a chance to address that issue in a subsequent pleading. Simply Research subscribers have access to the full text of the decision.

Case

Gant v. Lynne Experience Ltd., 325 A.3d 407 (D.C. Ct. App. 2024).

What Happened?

A "runner" for an authorized subcontractor of a retailer was performing her duties at an event when another subcontractor employee negligently stuck her with a golf cart.

The runner sued the subcontractor and retailer for negligence, and the court eventually concluded that D.C.'s exclusive remedy statute barred a negligence claim. The court dismissed the runner's claim with prejudice, meaning she could not amend her petition to make another shot at the charge.

The runner appealed the ruling.

Rule of Law

As in other places, the Washington, D.C., exclusive remedy provision is based on the principle that in return for securing payment of compensation, the employer receives tort immunity; in return for giving up the right to sue the employer, the employee receives "swift and sure benefits." Under the statute, an employer's liability for injuries covered by the workers' compensation code “shall be exclusive and in place of all liability of such employer to the employee."

What the Court Said

The court found that the lower court erred in dismissing the runner's complaint with, rather than without, prejudice. According to the court, the runner should be extended the opportunity to present evidence on the question of whether the subcontractor secured payment of compensation.

"We agree with the Superior Court that on the facts pled, the WCA appears to provide appellant's exclusive remedy, such that dismissal was appropriate," the court wrote. "However, we hold that the court should have dismissed appellant's claim without prejudice."

Takeaway

Whether exclusivity kicks in in the District of Columbia depends on whether the employer has secured payment of compensation for a worker injured on the job.

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