New York: Co-Employee Immune From Tort Action Only When Acting Within Course and Scope of Employment

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 court reiterated that the question of whether the defendant co-employee was acting within the scope of her employment when the accident occurred was separate and distinct from the question of whether the plaintiff co-employee was acting within the scope of her employment when she was injured. Here, in support of their summary judgment motion, the defendants submitted evidence that plaintiff was acting within the scope of the employment, but offered nothing about their own status. The motion was appropriately denied.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Hajdaj v Zubin, 2017 N.Y. App. Div. LEXIS 829 (Feb. 3, 2017)

See generally Larson’s Workers’ Compensation Law, § 111.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law