Dual capacity
Term · Insurance and risk management · MLC-T-INS-001231
A legal doctrine that allows an injured employee to sue their employer outside of the workers' compensation system if the employer acts in a capacity separate from that of an employer, such as a manufacturer of a defective product used by the employee. This exception to the exclusive remedy rule is narrowly applied and requires the employer to have a distinct legal persona in relation to the injury. For example, if an employer manufactures a machine that injures an employee, the employee might sue the employer as the manufacturer.
| Identifier | MLC-T-INS-001231 |
|---|---|
| Field | Insurance and risk management |
| Subject | Workers Compensation |
Record as JSON
{
"id": "MLC-T-INS-001231",
"term": "Dual capacity",
"field": "Insurance and risk management",
"definition": "A legal doctrine that allows an injured employee to sue their employer outside of the workers' compensation system if the employer acts in a capacity separate from that of an employer, such as a manufacturer of a defective product used by the employee. This exception to the exclusive remedy rule is narrowly applied and requires the employer to have a distinct legal persona in relation to the injury. For example, if an employer manufactures a machine that injures an employee, the employee might sue the employer as the manufacturer.",
"subject": "Workers Compensation",
"url": "https://mlchart.com/terminology/insurance/dual-capacity/"
}
Record 1,053 of 3,682 in Insurance and risk management terminology (MLC-0106). Request the full dataset.