Dual injury doctrine

A legal doctrine used to permit an employee to sue her employer despite workers’ compensation which ordinarily employs the exclusive remedy doctrine. The dual injury doctrine is used in circumstances where the employer concealed the injury or illness from the employee, such as where the company physician detects asbestos poisoning but fails to tell the employee. The first injury is the poisoning, which falls under the exclusive remedy doctrine; the second injury is the aggravation of the first due to the concealment, which does not fall under the exclusive remedy doctrine.


 


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