Law Commons^™

The Burden Of The Bargain: Revisiting The Predicament Of Meshing Workers’ Compensation And Tort Law In Light Of Widespread Acceptance Of Aligning Liability With Fault, Margaret Hearn Teichmann

Belmont Law Review

Most courts, legislatures, and scholars agree that the widespread movement over the past half-century toward aligning liability with fault has positively influenced tort law; however, the change has not come without difficulty. Courts and legislatures have struggled to determine how these developing doctrines affect apportionment of damages in various contexts. This note addresses the issue of how damages should be apportioned among multiple tortfeasors when an injured plaintiff has suffered a workplace injury and the employer or a coworker is partially to blame.