Connecticut Workplace Accident Attorneys

Suing Your Employer or a Fellow Employee Under Connecticut Law

Connecticut law protects an employer from suit by its employee for injuries sustained on the job 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, but 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, at the time of this writing, 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…”

There are some exceptions:

• Courts have decided that Section 31-284 does not prevent you from recovering money damages if your employer intentionally injures you.
• The Connecticut Supreme Court has decided that Section 31-284 would not bar a wrongful death claim by the estate of a minor who was killed while illegally employed.

But the general Connecticut rule, applicable in most ordinary circumstances, has remained that the employer is immune from suit for personal injuries in the course of employment.

So, if you cannot sue your employer, can you sue the fellow employee who injured you?

Only sometimes.

Section 31-293a of the Connecticut General Statutes generally bars the employee from suing a fellow-employee or co-worker for personal injuries, too, but includes important exceptions.

At the time of this writing, 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 willful 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 or fellow-employees for work-related injuries under Connecticut law.

With that said, there are also some circumstances where suit may be brought:

• 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, willfully, or maliciously injures you
• You may also be able to sue an employer that failed to maintain required workers’ compensation insurance