Employment-related injuries are covered by workers’ compensation even if those injuries may have been caused by the negligence of a fellow employee. Employees who are hurt can’t sue the other employee directly; they must make a claim with their employer’s workers’ compensation insurer. As a practical matter, that means employers will bear the brunt of any injury.
Recent case: Mohammed Ahammed was injured in an automobile accident when his car, which he used to deliver Domino’s pizzas, was struck by another car also delivering Domino’s pizzas. Both drivers were employees who used their private cars to deliver for Domino’s.
Ahammed sued the other driver, but the New Jersey Superior Court dismissed the case. It ruled that the workers’ compensation system is solely responsible for any damages. (Ahammed v. Logandro, No. A-4993-05T1, Superior Court of New Jersey, 2007)
Final note: This is one case in which using delivery people who are true independent contractors may have been advisable. Independent contractors aren’t entitled to workers’ compensation—employees are.
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