Recent injuries suffered by supermarket employees in Wall Township, Monmouth County, New Jersey, according to reports, raise questions as to whether people injured while at work may obtain money damages from those other than their employers in a Workers' Compensation case. After a heavy snowstorm, an overhang on the loading deck of the supermarket collapsed on three individuals. Two were supermarket employees; the third was a delivery person who happened to be standing there when the overhang collapsed. In cases such as this the main question that arises is whether these individuals have the right to bring suit against other entities (not their employers) in order to recover money damages as compensation for pain and suffering.
In order to properly answer this question, the facts of each case must be fully explored by an attorney. Generally, a person may not sue his own employer or co-employees even if his employer or co-employees are found to be negligent. Thus, each separate fact pattern must be scrutinized to determine whether, under general principles of negligence, an entity other than the injured party's employer or co-employees may be culpable or legally responsible for the damages or injuries incurred. For instance, in motor vehicle accident cases, an injured employee may not sue his co-employee who was driving, but may sue the driver of the other vehicle involved in the accident. Another example is where an employee is injured due to a dangerous machine or tool. Although the employer may not be sued, a suit may be maintained against the manufacturer of the machine or tool for improper design or manufacture.
In the supermarket case mentioned above, there are a number of potential non-employer entities that could potentially be responsible for the collapsed overhang. For instance, the supermarket (the employer) may not own the store or the premises. If the landlord has the obligation under the lease to maintain the premises, his failure to do so may give rise to liability. Further, investigation must be made into the cause of the collapse. Thus, even if the employer was responsible under the lease to maintain the premises and the overhang, the collapse could have been caused by negligent construction or design of the premises in which case the builder or the architect may have the ultimate responsibility.
Accordingly, where an injury occurs at work, the employer should not just settle for a Workers' Compensation claim but should seek legal advice to determine if someone bears responsibility.
