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Plaintiff Was Injured at Work and Again When the Ambulance Taking Him to the Hospital Was Involved in an Accident—Exclusive-Remedy Aspect of Workers’ Compensation Did Not Preclude a Negligence Suit Stemming from the Ambulance Accident

Plaintiff was injured on the job, and was injured again when the ambulance taking him to the hospital was involved in an accident.  The Second Department determined the exclusive-remedy aspect of workers’ compensation did not preclude a negligence action arising out of the ambulance accident:

“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” (… see Workers Compensation Law §§ 11, 29[6]). However, even where 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 … .

Here, notwithstanding the plaintiff’s claim for workers’ compensation benefits for the injuries he sustained [at work], he is not precluded from commencing a separate action to recover damages caused by separate injuries that occurred outside the scope of his employment … . Matias v City of New York, 2015 NY Slip Op 03506, 1st Dept 4-29-15

 

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