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Valencia v. Freeland and Lemm Construction Company6/24/2003
kers' Compensation Law takes away from the employee his common law rights and gives him others, on the guarantee that these substituted rights shall be generously awarded, both for foregoing his common law rights and in consideration of the obligations of his employer to keep his employee from becoming a public charge. McKamey v. Pee Wee Mining Co., Inc., 498 S.W.2d 94 (Tenn. 1973). The legislature has made the rights of the employee and the employer the exclusive remedy. Those who accept benefits under an act of this kind must likewise take the burdens. Liberty Mutual Ins. Co. v. Stevenson, 212 Tenn. 178, 368 S.W.2d 760 (Tenn. 1963).
King, 684 S.W.2d at 619. Workers' compensation laws provide employees with a more efficient means of recovery when the employees are injured during the course and scope of employment. Such laws also encourage employers to provide safe environments and safe working conditions, since the employer is responsible for workers' compensation benefits regardless of fault.
We would radically depart from precedent were we to hold that an employer is exposed to tort liability if its conduct made injury substantially certain. This we cannot do. The statute at issue here, as judicially interpreted, mandates that the Workers' Compensation Law provides the exclusive remedies for all injuries occurring to an employee by way of accident during the course of and in the scope of employment, unless "actual intent" is alleged. This is the majority rule. See 6 Larson's Workers' Compensation Law ยง 103.03 (2001).
IV. Conclusion
In accordance with the foregoing, we hold that workers' compensation is an employee's exclusive remedy unless the employee can show that the employer actually intended to injure the employee. Proof of gross or criminal negligence is insufficient in this regard. Because the amended complaint does not allege facts showing that the employer actually intended to injure the employee, the trial court properly granted the employer's motion to dismiss. Accordingly, the judgment of the Court of Appeals is affirmed, and all costs are taxed evenly between the parties, for which execution may issue if necessary.
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