Fellow Servant Rule

Updated: 30 April 2026

What Does Fellow Servant Rule Mean?

The fellow servant rule was a common law doctrine that prevented injured employees from filing personal injury lawsuits against their employer if the injury resulted solely from a coworker’s negligence.

Insuranceopedia Explains Fellow Servant Rule

Under the fellow servant rule, an employee injured due to a coworker’s negligence had to pursue legal action against the coworker rather than the employer.

This rule has largely been replaced by workers’ compensation regulations across most regions. Today, employers in most states are required to carry workers’ compensation insurance, which pays for medical bills and lost wages without requiring the injured worker to prove anyone was at fault.