State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Sec. 31-293a

Workers’ Compensation Act as amended to January 1, 1997

No right against fellow employee; exception.

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Sec. 31-293a. No right against fellow employee; exception. If an employee or, in case of his death, his dependent has a right to benefits or compensation under this chapter 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 on the fellow employee’s negligence in the operation of a motor vehicle as defined in section 14-1. For purposes of this section, contractors’ mobile equipment such as bulldozers, powershovels, rollers, graders or scrapers, farm machinery, cranes, diggers, forklifts, pumps, generators, air compressors, drills or other similar equipment designed for use principally off public roads are not “motor vehicles” if the claimed injury involving such equipment occurred at the worksite on or after October 1, 1983. No insurance policy or contract shall be accepted as proof of financial responsibility of the owner and as evidence of the insuring of such person for injury to or death of persons and damage to property by the Commissioner of Motor Vehicles required by chapter 246 if it excludes from coverage under such policy or contract any agent, representative or employee of such owner from such policy or contract. Any provision of such an insurance policy or contract effected after July 1, 1969, which excludes from coverage thereunder any agent, representative or employee of the owner of a motor vehicle involved in an accident with a fellow employee shall be null and void.

(1967, P.A. 842, S. 5; 1969, P.A. 696, S. 4; P.A. 83-297; P.A. 84-22, S. 1, 2.)

History: 1969 act clarified provisions re actions against fellow employees and added provisions re insurance policies and contracts; P.A. 83-297 provided that contractor’s mobile equipment designed for use principally off public roads are not “motor vehicles” for purposes of this section if the injuries involving the equipment occur at the worksite; P.A. 84-22 made clear that the exclusions from the definition of “motor vehicle” established in P.A. 83-297 apply only to injuries which occur on or after October 1, 1983.

Cited. 167 C. 499. Cited. 169 C. 630, 631, 633-635. Fact that employer worked with plaintiff did not change his status to “fellow employee” to come within statute provisions. 178 C. 371-374. Employee has no right of action against fellow employee who directed operation of truck’s hydraulic hoist since actions did not constitute “the operation of a motor vehicle”. 180 C. 469, 471, 472. Cited. 182 C. 24, 26, 27, 30. Cited. 183 C. 508, 509. Specific language of Sec. 4-165 prevails over general language of this statute as applied to fellow state employees. 185 C. 616, 618-620, 622-624. This section, which permits an action against a fellow employee for injuries arising out of the negligent operation of a motor vehicle, does not supersede the more specific provisions of Sec. 7-308. 187 C. 53 et seq. Term “operation of a motor vehicle” construed as not including activities unrelated to movement of the vehicle. 189 C. 354-360. Cited. Id., 550-553. Cited. 193 C. 59, 68. Cited. 196 C. 91, 92, 94, 112, 113. Cited. 203 C. 34, 37. Cited. 206 C. 495-497, 500. Cited. 208 C. 589, 592, 597, 599, 604. “Motor vehicle” exception discussed. 215 C. 55, 56, 58. Cited. 220 C. 721, 729. Cited. 221 C. 356, 366, 368. Cited. 222 C. 744, 758. Cited. 237 C. 1, 9.

Cited. 2 CA 174, 176-178. Cited. 3 CA 40, 46. Exception under the statute is concerned only with those engaged in any activity related to driving or moving a vehicle or related to a circumstance resulting from the movement of a vehicle. Id., 246-248. Cited. 7 CA 296-298. Cited. Id., 575-580. Cited. 9 CA 290, 292. Cited. 10 CA 18-22. Cited. Id., 618, 620, 622, 623. Cited. 20 CA 619, 623, 624. Cited. 22 CA 88, 91. Definition of “motor vehicle” for purposes of the exception in this section is controlled by Sec. 14-1(a)(47) definition as further refined by Sec. 14-165(i). 30 CA 263-265, 267-269, 273, 274. Cited. 41 CA 664, 665, 667, 668, 670.

Cited. 30 CS 233. Cited. 36 CS 101-103. Cited. 39 CS 102, 105. Cited. 40 CS 165, 170. “Motor vehicle” exception discussed. 41 CS 326, 328-332, 334-339, 347-352. Cited. 41 CS 391, 393. Cited. 44 CS 148, 155.

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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