Partner Heather Veik successfully defended an employer before the Nebraska Supreme Court against tort claims pursued by an employee following injuries sustained at work. The employee asserted claims for assault and intentional infliction of emotional distress in district court after she suffered injuries during a training drill at work. The district court dismissed the employee’s claims, concluding that the Nebraska Workers’ Compensation Act provided the employee her exclusive remedy, therefore barring her from pursuing tort claims in district court.
The Nebraska Supreme Court recently affirmed the dismissal of the employee’s claims, reaffirming that the Nebraska Workers’ Compensation Act provides the employee’s exclusive remedy for her injuries. According to the Nebraska Supreme Court, when workers’ compensation is an employee’s exclusive remedy the employee cannot assert tort theories of recovery against his or her employer in district court. This rule applies even when an employee claims that his or her employer acted with specific intent to cause injury. In its decision, the Nebraska Supreme Court rejected the employee’s request to narrow the exclusivity rule and also rejected the employee’s argument that the dismissal of her claims violated public policy.