Certified Authority Of Workers Compensation (CAWC) Practice Test

Under the Fellow Servant Rule, who is liable for injuries caused by a coworker?

The employer is always liable for injuries caused by coworkers Co-worker is liable for the injury, not the employer Employees cannot sue in any circumstance The state government covers medical costs

Correct Answer:

Co-worker is liable for the injury, not the employer

Explanation:

The main idea is who bears responsibility when a coworker injures another employee during work. The Fellow Servant Rule says the employer isn’t vicariously liable for injuries caused by a fellow employee; liability falls on the coworker who actually caused the harm. So, the person who acted negligently is personally responsible for damages, not the employer. This reflects the idea that the wrongdoer among the workers should answer for their own conduct, while the employer isn’t automatically at fault for a coworker’s actions. In many systems, workers’ compensation provides benefits regardless of fault, but that doesn’t make the employer liable for the coworker’s injury—it simply offers a separate remedy mechanism.

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