Workers' compensation is a no-fault system of recovery implemented by statute in every state. Originating in the nature of a compromise, the workers' compensation system is the exclusive remedy between the employee and employer. The majority of states, however, recognize an exception to this exclusivity provision where an employer's actions constitute an intentional tort. Virginia has yet to recognize such an exception by statute or judicial action.
Jodi P. Power,
Employer Intentional Torts in Virginia: Proposal For an Exception to the Exclusive Workers' Compensation Remedy,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol25/iss2/5