An employee who is entitled to receive workers' compensation benefits may not sue the general employer or special employer for injuries sustained in the course of employment, pursuant to Workers' Compensation Law §§ 11, 29[6]. A special employee is one who is transferred for a limited time, of whatever duration, to the service of another employer. The determination as to whether there is a special employment relationship is generally an issue of fact requiring consideration of factors such as who controls and directs the manner of the employee's work; who is responsible for payment of wages and benefits; who furnishes equipment; who has the right to discharge the employee; and whether the work being performed was in furtherance of the special employer's or the general employer's business. General employment is presumed to continue, and the presumption can only be rebutted by a clear demonstration of surrender of control by the general employer and assumption of control by the special employer.
Dube v. County of Rockland, NY Slip Op 02597 (2d Dep't April 18, 2018)
Here is the decision.
