Workers comp exclusive remedy challenged; Nebraska grain elevator suit could affect all industries.

Byline: ROBERTO CENICEROS

A case argued before Nebraska's Supreme Court last week in the death of an 18-year-old grain elevator company worker seeks to circumvent the exclusivity rule common in many states' workers compensation laws.

"It's a big deal," because the plaintiffs in Estate of Joseph Teague vs. Crossroads Cooperative Assn. want Nebraska's Supreme Court to create an exception to the exclusivity rule when employers engage in intentional actions, said Steven W. Olsen, a partner at Simmons Olsen Law Firm P.C. in Scottsbluff, Neb.

State exclusivity laws typically bar civil litigation by making workers comp law the exclusive remedy for work-related accidents.

A ruling favoring the plaintiffs would not be limited to the case at hand, but would undermine the exclusivity rule for Nebraska employers across all industries, said Mr. Olsen, who represents …