In a WC&EL policy, which claim arises when an injured employee sues the employer for additional damages because the employer manufactured the faulty equipment?

In a WC&EL policy, which claim arises when an injured employee sues the employer for additional damages because the employer manufactured the faulty equipment?

• A. Dual-capacity claims
• B. Third-party-over claims
• C. Claims for consequential bodily injury
• D. Claims for care and loss of service

Answer: (A)

Dual-capacity claims are the mechanism that allows an employee to sue the employer in tort in a second role—the employer acting as a product manufacturer. When the injury comes from faulty equipment that the employer manufactured, the employer has a separate duty apart from the employment relationship. The employee can pursue civil damages for that product-related liability in addition to, or separate from, the workers’ compensation remedy. The other options don’t fit because they involve different theories (a third party indemnity situation, or damages not tied to the employer’s second-capacity role in manufacturing) rather than the employer being sued in a second capacity as a product maker.

Dual-capacity claims are the mechanism that allows an employee to sue the employer in tort in a second role—the employer acting as a product manufacturer. When the injury comes from faulty equipment that the employer manufactured, the employer has a separate duty apart from the employment relationship. The employee can pursue civil damages for that product-related liability in addition to, or separate from, the workers’ compensation remedy. The other options don’t fit because they involve different theories (a third party indemnity situation, or damages not tied to the employer’s second-capacity role in manufacturing) rather than the employer being sued in a second capacity as a product maker.