When a worker is injured on the job, it is axiomatic that he is entitled to workers’ compensation benefits on a no-fault basis, and that his employer and co-workers are immune from liability in tort.
Nonetheless, of course, the worker can sometimes pursue tort recoveries from third parties who are beyond the employer-employee relationship. Thus, for example, a worker injured on the job by a malfunctioning tool can bring a tort action against the tool’s manufacturer.
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