Workers' Compensation

Recent Posts

New York: Construction Worker Fails to Show that Plaintiff’s Employer Was a Borrowing or Special Employer
Posted on 3 Aug 2021 by Thomas A. Robinson

A New York appellate court held there was conflicting evidence as to whether the plaintiff’s employer had the right to exercise control over a construction worker who was performing sheetrock work at the employer’s premises. Accordingly, the... Read More

Alabama: Substantially Certain Tort Claim Fails Against Co-Employees
Posted on 3 Aug 2021 by Thomas A. Robinson

Utilizing the co-employee “intentional injury” exception to Alabama’s exclusive remedy rule [see Ala. Code § 25-5-11(b)], the Supreme Court of Alabama affirmed a trial court’s decision to grant summary judgment in favor of... Read More

Colorado: No Recovery from Co-Employee’s Uninsured Motorist Coverage
Posted on 7 Mar 2021 by Thomas A. Robinson

Colorado’s exclusivity rule is sufficiently broad so as to bar an injured employee from recovering damages via the uninsured motorist/underinsured motorist coverage of a co-employee’s auto policy, held the Supreme Court of Colorado. As long... Read More

Iowa: Tort Action Alleging Co-Employee Gross Negligence is Unsuccessful
Posted on 8 Feb 2021 by Thomas A. Robinson

An Iowa appellate court affirmed a trial court's decision that granted summary judgment to five co-employees of a plaintiff who had been sued under the state's special "gross negligence" exception to co-employee immunity. The plaintiff... Read More

New York: Worker's Tort Action Against Co-Worker for Horseplay Injury May Proceed to Trial
Posted on 17 May 2020 by Thomas A. Robinson

In an unusual case involving horseplay, a New York appellate court affirmed a state trial court's decision that had refused to grant summary judgment to a defendant-co-employee who had been sued by a plaintiff/co-worker following that co-worker's... Read More

Georgia: Temporary Employee May Not Sue "Regular" Employee of Borrowing Employer in Tort
Posted on 17 May 2020 by Thomas A. Robinson

A borrowed servant may not recover in tort against the "regular" employees of the borrowing employer, held a Georgia appellate court. Accordingly, a state trial court erred when it refused to grant summary judgment in favor of a defendant-employee... Read More

Iowa: Court Overturns $7 Million Verdict Against Co-Employee
Posted on 5 Jan 2020 by Thomas A. Robinson

An Iowa appellate court, following the “narrow” exception to co-employee immunity established in Thompson v. Bohlken , 312 N.W.2d 501, 505 (Iowa 1981), held that a state trial court was correct when it granted a defendant/co-employee a judgment... Read More

North Carolina: Auto Liability Insurer Need not Defend Action Against Co-Employee
Posted on 12 Oct 2019 by Thomas A. Robinson

An auto liability insurer need not defend a wrongful death action filed against its insured, a corporation that had temporarily borrowed an employee of a separate, but related corporate entity to drive one of its vehicles. Because the borrowed driver... Read More

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: 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

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

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