Workers' Compensation

Recent Posts

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: 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

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

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

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