+Explain a dual capacity claim?

• A. These claims are where the employee sues the employer in some capacity other than that of employer
• B. These claims are employee claims for double benefits
• C. These claims are employee claims for community liability
• D. These claims are employer claims for punitive damages

Answer: (A)

Dual capacity claims arise when an employee sues the employer in another role the employer fills besides being the employer itself. The idea is that the employer can owe duties in a separate capacity—such as a product designer/manufacturer, a vehicle owner/lessor, or a service provider—independent of the employment relationship. If the injury stems from that other capacity, the employee can pursue a tort claim against the employer in that second role, rather than exclusively relying on workers’ compensation. That’s why this option—that the employee sues the employer in a capacity other than that of employer—best describes dual capacity claims. The other concepts (double benefits, community liability, punitive damages by the employer) don’t capture the idea of suing the employer in a distinct capacity.