When can you sue your employer or co-worker under Connecticut law?

Connecticut law provides for workers' compensation coverage for most employees, but with limited benefits. At RisCassi and Davis, P.C., we often hear from employees who want to know whether they can sue their employer under Connecticut law, to recover fair, just and reasonable damages for their injuries.

Connecticut law protects an employer from suit by its employee under many, but not all, circumstances. Whether you can sue your employer for a particular work injury is a question too complicated to fully address here, although we will try to outline a few of the major considerations.

Section 31-284 of the Connecticut General Statutes provides, in its most relevant part, that an employer who provides workers' compensation insurance generally "shall not be liable for any action for damages on account of personal injury sustained by an employee arising out of and in the course of his employment or on account of death resulting from personal injury so sustained, but an employer shall secure coverage for his employees as provided under this chapter..."

Section 31-293a of the Connecticut General Statutes generally bars the employee from suing a fellow-employee or co-worker, too, but includes important exceptions. Section 31-293a provides that "if an employee, or in case of his death, his dependent has a right to benefits or compensation under this chapter [i.e., workers' compensation] on account of injury or death from injury caused by the negligence or wrong of a fellow employee, such right shall be the exclusive remedy of such injured employee or dependent and no action may be brought against such fellow employee unless such wrong was wilful or malicious or the action is based upon the fellow employee's negligence in the operation of a motor vehicle as defined in section 14-1." The section goes on to designate certain construction and farm equipment that are not considered to be motor vehicles for this purpose.

Thus, there are significant hurdles to seeking damages in a civil action against employers and fellow-employees for work related injuries under Connecticut law, but there are also exceptions where suit may be brought.

As noted above, under Connecticut law, you can sue a co-worker for an automobile or truck accident, even if it happens in the course of employment. You can also sue an employer or fellow-employee who intentionally, wilfully or maliciously injures you. There are certain Connecticut case precedents with regard to the issue of suing an employer for forcing you to do something which is substantially certain to injure you, even if your employer did not actually desire to bring about your injury. You may also be able to sue an employer that failed to maintain required workers' compensation insurance.

Whether and under what circumstances you can sue your company doctor for medical malpractice may be a tricky question that may depend upon the particular facts regarding the treatment and the doctor-patient relationship. There may also be other exceptions to the general Connecticut rule against suits against employers and fellow employees, not detailed here. An attorney can advise you more completely about your particular circumstance.

Even if it is not feasible to bring a lawsuit against your employer under Connecticut law, an attorney reviewing the facts of your injury may be able to identify a viable, legally responsible defendant, other than the employer. These claims, sometimes called "third-party lawsuits," might be brought against the manufacturer of a product involved in your injury, or perhaps even a separate business entity closely related to your employer.

For example, there have been cases where an employee falls on premises owned by a separate business entity, such a limited liability company, partnership, or corporation, controlled by some of the same people who own or control the employer. If the entity that negligently maintained the premises is a separate and distinct legal entity from the employer, it may be possible to bring a third-party lawsuit, even under circumstances where such a claim against the employer would be forbidden.

RisCassi and Davis, P.C. has handled claims under most or all of these exceptions to the "rule" of immunity for employers and fellow-employees. We would be pleased to discuss the circumstances of your workplace injury with you.

Call us at 800.344.5297 or contact us online to discuss your legal options.