When someone is injured by a coworker while on the job, the injured party is generally limited to benefits under workers’ compensation and both employers and co-workers are immune from liability.
There are exceptions. An injured worker can sue a co-worker if the coworker is “not in the same employ.” Under case law coworkers are in the “same employ” if they 1) have the same employer and 2) were acting within the scope of employment.
So, for example, an employee who has finished the day’s work and strikes a coworker on the way out of the parking lot is not protected from being sued because the coworker is not acting within the scope of employment—they are not acting at the employer’s direction and are not acting in furtherance of the employer’s business.
In contrast, an employee leaving to make a bank deposit for the employer who strikes a coworker is shielded from being sued for injuries. The injured coworker’s only recourse is worker’s compensation.
Recently the Court of Appeals considered a case where a worker’s dog bit and injured a coworker. There is a statute that imposes strict liability for dog bites in some situations. Nevertheless, the court held that the coworker and employer were both shielded from being sued for the injuries. The dog bite victim was limited to a worker’s compensation claim and could not sue the coworker who owned the dog or the employer.
If you have been injured by a coworker, whether you can pursue a claim against the coworker or the employer is not always clear. You should seek a no-cost consultation with a personal injury attorney as early as possible