Practice point: The protection against lawsuits brought by injured workers which is
afforded to employers by Workers' Compensation Law §§ 11 and 29(6)
extends to special employers.Thus, an injured person who elects to receive Workers'
Compensation benefits from the general employer is barred from
maintaining a personal injury action against the special employer. The exclusivity provisions of the Workers'
Compensation Law also extend to entities which are alter egos of the
injured worker's employer.
Student note: A special employee is one who is
transferred for a limited time of whatever duration to the service of
another. General employment is presumed to continue, but this
presumption is overcome upon clear demonstration of surrender of control
by the general employer and assumption of control by the special
employer.
Case: Abreu v. Wel-Made Enters., Inc., NY Slip Op 02524 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Meeting of the minds.
