A fellow servant is a colleague who is employed by the same employer as you. They typically work closely with you and there is a potential for harm if either of you is careless. If one of you has authority over the other, they are referred to as a superior fellow servant.
The concept of a fellow servant refers to a coworker who works for the same employer as another employee. They have a close working relationship and there is a specific risk of harm if either one is negligent. In the event that one employee is injured due to the negligence of another employee, the injured employee may be unable to seek damages from the employer because of the fellow-servant rule. For instance, if John and Jane both work for a construction company and John negligently drops a heavy load on Jane, causing injury, Jane may not be able to sue the company for damages because they are considered fellow servants. The same applies to Tom and Jerry, who work at a restaurant. If Tom negligently burns Jerry with hot oil, Jerry may not be able to sue the restaurant for damages due to the fellow-servant rule. These examples demonstrate how the fellow-servant rule can restrict an employee’s ability to hold their employer accountable for damages. When the injured employee and the negligent employee work for the same employer, they are considered fellow servants, and the employer is not held liable for the negligence of one employee towards another.
The concept of “fellow servant” refers to a legal doctrine that holds an employer not liable for injuries caused by one employee to another during the course of their employment.
No, the fellow servant rule generally applies to injuries caused by the negligence of a co-worker. It may not apply if the injury was caused by the employer’s negligence or if the injured employee was acting within the scope of their employment.
No, the fellow servant rule generally prevents an injured employee from suing their co-worker for damages. However, there may be exceptions if the co-worker’s actions were intentional or outside the scope of their employment.
Yes, the fellow servant rule does not typically affect an injured employee’s eligibility for workers’ compensation benefits. Workers’ compensation is a no-fault system that provides benefits to employees injured on the job, regardless of who was at fault.
Yes, there are exceptions to the fellow servant rule. For example, if the injured employee was a supervisor or manager, the employer may still be held liable for the actions of their subordinates.
Yes, an employer may be held liable for injuries caused by a co-worker’s intentional misconduct. The fellow servant rule generally does not protect an employer from liability in cases of intentional harm.
In most cases, an injured employee cannot file a lawsuit against their employer if the fellow servant rule applies. However, they may still be eligible for workers’ compensation benefits.
If the fellow servant rule applies and the injured employee is unable to sue their co-worker or employer, they may still be able to seek legal recourse through other avenues, such as filing a complaint with a regulatory agency or pursuing a personal injury claim against a third party.
The fellow servant rule generally applies to traditional employer-employee relationships. However, it may not apply in certain situations, such as independent contractor arrangements or cases involving temporary workers.
In some cases, the fellow servant rule can be overridden by a contractual agreement between the employer and employee. It is important to review the terms of any employment contract or agreement to determine the extent to which the fellow servant rule applies.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/fellow-servant/
- Modern Language Association (MLA):Fellow Servant. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/fellow-servant/.
- Chicago Manual of Style (CMS):Fellow Servant. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/fellow-servant/ (accessed: May 09 2024).
- American Psychological Association (APA):Fellow Servant. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/fellow-servant/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts