Southern District Holds that Workers’ Compensation is Exclusive Remedy in Case of Alleged Co-Worker Assault

In New York and elsewhere, a key premise of workers’ compensation law is that it bars employees from filing suit against their employers for injuries suffered on the job. While there might be a couple of minor exceptions, this exclusivity principle holds in most cases. This includes preventing workers from suing for negligent hiring or supervision when they’ve been hurt by a co-worker. 

The fact that the underlying act may be intentional (for example, a worker-on-worker assault) does not give rise to a valid tort claim against the employer. New York’s Workers’ Compensation Law treats these incidents in the same manner as accidents. 

A recent high-profile case demonstrates how strictly the exclusivity rule is enforced, even in a situation involving a non-traditional workplace injury claim. Jennifer Eckhart was an associate producer at Fox News Channel who became sexually involved with then-Fox anchor Ed Henry. Whether the relationship was consensual or not is a matter of serious dispute. Eckhart accused Henry of physical and sexual attacks, as well as the publication of intimate photos from their encounters. 

Moreover, Eckhart alleged that Fox failed to supervise Henry properly, despite his involvement in a previous public sex scandal and multiple reported incidents where he sent unsolicited photos of a sexual nature to female colleagues. However, the U.S. District Court for the Southern District of New York granted Fox’s motion for summary judgment, dismissing Eckhart’s negligent supervision claim against the news channel. Citing the exclusivity provision of New York’s Workers’ Compensation Law and cases involving similar alleged attacks by co-workers, Judge Ronnie Abrams ruled that the claim against Fox was “categorially barred.” 

Given the adherence to the exclusivity of workers’ compensation benefits as the remedy when someone is hurt in the course of their employment, it is critical to retain an attorney who has extensive experience in this unique field of law. 

At Peter M. Cordovano, P.C., I have decades of experience successfully representing claimants in New York workers’ compensation matters. You can rely on me for strong advocacy even in cases where the harm does not stem from a typical workplace accident. For a free consultation, please call 845-640-3846 or contact me online. From my office in Highland, I serve clients throughout the state.