The short answer according to airport injury lawyer Doug Landau is NO — if they work for the same airline or company.
Under Virginia law, if, for example, an Eastern Airlines mechanic drops a tool on the head of an Eastern Airlines flight attendant at Reagan National Airport, while the flight attendant could make a claim for workers’ compensation benefits, a negligence case against the tool dropping mechanic would likely be precluded by the workers’ compensation bar.
The workers’ compensation bar states that an employee’s exclusive remedy against his or her employer is via a workers’ compensation claim, except, of course, in the case of intentional wrongdoing on the part of the employer.
However, if the employee who drops the tool on the other worker’s head is employed by a different company or contractor at the airport, there may both a potential lawsuit and also a viable workers’ compensation claim.
These are called third-party cases, as the lawsuit is brought against a third-party or “stranger to the workplace.”
Because the law in this field is quite complex, hiring an experienced workers’ compensation and negligence lawyer who actually tries cases regularly in court is a good idea.
If you or someone you know works for or at an airport and has been injured in an accident involving another employee, and there are questions as to what laws apply, email or call the experienced airport injury law firm of Abrams Landau, Ltd. at once (703-796-9555).