ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

May 05, 2015

An employee injured on the job may sue for injuries he or she subsequently suffered while being transported to a hospital for treatment for his or her job related injuries



An employee injured on the job may sue for injuries he or she subsequently suffered while being  transported to a hospital for treatment for his or her job related injuries
2015 NY Slip Op 03506, Appellate Division, Second Department

A correction officer [Officer] sustained an injury in the course of his employment at a New York City corrections facility.  While Officer was being transported in a New York City Fire Department ambulance to a local hospital, the ambulance was involved in a motor vehicle accident. 

Officer applied for workers' compensation benefits for the injuries he sustained in the prison. In addition, Officer filed a lawsuit against, among others, the City of New York, the New York City Fire Department and the ambulance driver [Defendants] seeking damages for the injuries he allegedly sustained as a result of the motor vehicle accident that  occurred while he was being transported to the hospital.

Supreme Court denied Defendants’ motions to {1] amend its answer “to add an affirmative defense based on the exclusivity of the Workers' Compensation Law,” and [2] for summary judgment “dismissing the complaint insofar as asserted against them.” 

Defendants appealed but the Appellate Division sustained the Supreme Court’s ruling.

While "In general, workers compensation benefits are the exclusive remedy of an employee against an employer for any damages sustained from injury or death arising out of and in the course of employment," the Appellate Division said that even if a plaintiff received workers' compensation benefits, he or she is not precluded from commencing a separate action based on subsequent negligent conduct to recover damages for injuries causally related to the initial on-the-job injury, "but which did not arise out of or in the course of the plaintiff's employment.”

The Appellate Division found that such was the case in this action, explaining that notwithstanding Officer’s filing a claim for workers' compensation benefits for the injuries he sustained “on the job,” he was not precluded from commencing a separate action to recover for damages he allegedly suffered that were “caused by separate injuries that occurred outside the scope of his employment” – i.e., in the course of his being transported to a hospital by ambulance. 

The decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.