Question

An Acme employee who is injured on the job and receives workers’ compensation benefits does not have a cause of action for negligence by Acme. The employee’s right to a fixed, certain recovery – even if it might be less than he would receive in court – no matter who was at fault for the accident is the quid pro quo for forfeiting the right to sue Acme.

Answer 1

True

When the employee is forfeiting the rights to sue the Employer, the Employer also grants the employee a right to a fixed and certain recovery. This is quid pro quo because something is given as against something. The employee surrenders the suing rights and avails the compensation benefits, irrespective whether the employee was at fault or the negligence was on the Employer’s end. This ensures the out-of-court settlement and saves time of both; with an attempt to do justice at both the ends.