Workers' Compensation

Recent Posts

Rhode Island: Co-Employee Immunity to Tort Liability Extends Even to Instigator of Dangerous Horseplay
Posted on 26 Apr 2019 by Thomas A. Robinson

The exclusive remedy provision of the Rhode Island Workers’ Compensation Act is so strong, held the state’s Supreme Court, that it shielded a co-employee from tort liability in a dangerous incident involving horseplay. The evidence indicated... Read More

New York: School Paraprofessional's Civil Action Against Custodian Fails
Posted on 16 Feb 2018 by Thomas A. Robinson

A paraprofessional working at a Staten Island school, who sustained injuries when she slipped and fell on a wet floor in the school cafeteria, may not maintain a civil action in negligence against the school custodian engineer and a school custodial assistant... Read More

Missouri: Employee May Sue Co-Employee For Negligent Operation of Employer’s Forklift
Posted on 23 Sep 2016 by Thomas A. Robinson

A Missouri appellate court held an employee could maintain a tort action against a co-employee who was allegedly negligent in the operation of the employer’s forklift; the exclusive remedy provisions of the state’s workers’ compensation... Read More

New York: Tort Suit Against Co-Employee Not Barred Where Accident Occurred Near, But Away from Employer's Premises
Posted on 1 Mar 2018 by Thomas A. Robinson

The defendant employee’s employment ended when he entered his car, drove away from an employer-controlled parking lot, and struck a co-employee who had entered a cross-walk on a street that circled the employer’s campus. Accordingly, it was... Read More

New York: Golf Club Attendant May Sue Co-Employee for “Errant” Swing of Golf Shaft
Posted on 17 Mar 2017 by Thomas A. Robinson

Applying New York’s rule regarding co-employee immunity—that in order for a co-employee to be shielded from liability, the co-employee must (a) have been acting within the scope of his or her employment and (b) not have been engaged in a willful... Read More

Washington: Co-employee Immunity Applies Only When Defendant Acting in the Course of Employment
Posted on 9 Oct 2015 by Larson's Spotlight

An appellate court in Washington state held that it was error for a trial court to grant summary judgment in favor of a defendant, on exclusive remedy grounds, where the plaintiff alleged he was struck by a vehicle driven by the defendant, a fellow employee... Read More

Washington: Employee Can Sue Co-Employee in Tort for Injuries Sustained in After-Hours Accident
Posted on 14 Jan 2017 by Thomas A. Robinson

Adopting the dominant rule discussed in Larson’s Workers’ Compensation Law , Ch. 111, § 111.03, the Supreme Court of Washington held that a co-employee enjoys immunity under the exclusive remedy provisions of the state’s workers’... Read More

Ohio: Employee’s Tort Action Against Co-Employee for Parking Lot Accident is Barred by Exclusivity
Posted on 27 Apr 2018 by Thomas A. Robinson

Where an employee sustained injuries in an automobile accident that occurred in the employer’s parking lot when the vehicle he was driving was struck by another being driven by a co-employee, the co-employee was immune from tort liability under... Read More

Florida: Unrelated Works Exception Does Not Apply to Employees of “Horizontal” Subcontractors
Posted on 9 Sep 2016 by Thomas A. Robinson

As is the case with the majority of jurisdictions, Florida employees generally may not sue co-employees in tort where the alleged tortfeasor was acting in furtherance of the employer’s business. Co-employee immunity is limited in Florida, however... Read More

Kentucky: Opioid Dependence Results in Loss of Co-Employee Immunity in Tort Action
Posted on 13 Oct 2017 by Thomas A. Robinson

A school bus driver was not entitled to rely upon Kentucky’s fellow-immunity rule in a tort action filed against her, since there was sufficient evidence to support the jury’s finding that the defendant driver was voluntarily intoxicated at... Read More

AR: Co-employee Immunity Applies to Erratic Driving of Golf Cart
Posted on 22 Nov 2013 by Larson's Spotlight

The majority of jurisdictions provide immunity from tort liability for co-employees whose actions are within the course and scope of the employment [see Larson’s Workers’ Compensation Law , § 111.03]. Arkansas has a somewhat more restrictive... Read More

Missouri: Negligence Lawsuit Allowed Against Co-Worker On ‘Something Less’
Posted on 28 May 2014 by Martin Klug

Changes to section 287.120.1 lowered the burden of proof to sue a co-worker based on common law, according to the court of appeals, when it reversed a dismissal for failure to state a claim. Leeper v Asmus WD 76772 (May 27, 2014), 2014 MO App Lexis 605... Read More

New York: Co-Employee Immune From Tort Action Only When Acting Within Course and Scope of Employment
Posted on 10 Feb 2017 by Thomas A. Robinson

Acknowledging that under N.Y. Work. Comp. Law § 29(6), it was settled law that workers’ compensation was the exclusive remedy of an employee injured by the negligence or wrong of another “in the same employ,” a New York appellate... Read More

Larson’s Spotlight on Recent Cases: Presumption of Compensability for Court Reporter’s On-the-Job Aneurysm
Posted on 13 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More

Co-employee Immunity Case With a No Liability Settlement Twist: Things That Make You Go Hmmm
Posted on 14 Sep 2012 by Thomas A. Robinson

An employee files an injury claim against the employer and receives a $6,000 lump sum payment in exchange for a "no liability" settlement with the employer. The settlement is subsequently approved by the Industrial Commission. May the employee... Read More