Under what circumstance can an employee pursue a civil action against a co-employee while also receiving workers compensation?

An employee can pursue a civil action against a co-employee while also receiving workers' compensation benefits if the co-worker is intoxicated and acting as the initial aggressor in an incident that causes injury. This situation indicates that the co-worker's actions were not part of their duties or the normal course of employment and fall outside the protections typically provided by workers' compensation laws, which generally shield co-employees from civil liability for injuries occurring in the workplace during the scope of employment.

When a co-worker’s behavior is intentionally harmful or reckless, such as being intoxicated and instigating a conflict, it creates a scenario where liabilities can extend beyond what is covered under workers’ compensation. Workers' compensation is designed to provide a no-fault system that covers injuries sustained in connection with employment, but it does not cover every circumstance, especially those involving willful misconduct or actions that are not part of the employment relationship.