Motor vehicle exemption to Workers’ Compensation exclusivity

In most circumstances, the only legal remedy an injured worker has against an employer or co-worker is a Workers’ Compensation claim. However, according to Conn. Gen. Stat. Sec. 31-293a, an injured worker may bring a civil lawsuit against an employer and/or co-worker when an injury occurs as a result of the operation of a motor vehicle.

This means that if a worker is injured as a result of a co-worker’s negligent operation of a motor vehicle, the injured worker may bring both a Workers’ Compensation claim and civil lawsuit. The ability to bring a civil lawsuit allows an injured worker to recover for damages not covered by Workers’ Compensation, such as “pain and suffering”, loss of enjoyment of life’s activities, and loss of earning capacity. This allows for a more complete recovery of the harms and losses suffered as a result of a work-related motor vehicle injury.

Commonly litigated issues in motor vehicle exemption cases involve the definition of the terms “operation” and “motor vehicle”. Under current law, operation “generally requires movement of or a circumstance resulting from the movement of the vehicle”. The definition of “motor vehicle” under this law excludes “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”.

Auto insurance companies are not allowed to exclude employees of a company from coverage involving the operation of company vehicles.