What does the dual capacity claim involve regarding employee injuries?

The dual capacity claim involves situations where an employer, in addition to their role as an employer, also occupies a different capacity that holds them potentially liable for an employee's injury. This means that if an employer has a dual role—such as being both the employer and also the manufacturer of equipment used by the employee—an injury that occurs due to the employer's second role could lead to liability.

In this context, the employee can pursue a claim for damages based on the injury as it relates to this other capacity, distinct from the standard employer-employee relationship governed by workers' compensation. This principle is significant because it allows employees to seek recoveries that might not be available under workers' compensation laws, effectively acknowledging that the employer may have different responsibilities based on their dual roles.

Other options do not align with the concept of dual capacity because they either involve claims unrelated to the employer's secondary role (such as office accidents or injuries during commuting) or focus on injuries caused by third parties, rather than an employer with dual roles.