Can You Recover Compensation if Injured at Work by Another Employee?
March 12, 2023
When you’re injured at work by another employee, determining liability can be complex. At The Law Offices of Gold, Albanese & Barletti, LLC, our attorneys have decades of experience handling workplace injury cases, and can determine whether you’re entitled to recover compensation if you’ve been hurt by another employee while on the job.
Is Your Injury Covered by Workers’ Compensation?
Regardless of who was at fault for your injury, you are entitled to file a worker’s compensation claim for your medical bills, a portion of lost wages and other injury-related expenses. When you file a workers’ comp claim, you are typically prohibited from bringing a personal injury claim against your employer or other employees. However, there are some exceptions that workers’ comp may not cover, including:
Injuries that occur off the clock–For example, if you were injured because a coworker tripped you while you were playing basketball during your lunch break; worker’s compensation may not cover your injuries.
Violent altercations–Being attacked by a coworker for personal reasons is usually not covered by workers compensation. However, if the incident was work-related and your employer knew about the person’s propensity for violence and did nothing to prevent it, you are entitled to workers’ compensation and your employer may be liable as well.
Horseplay –If you and a coworker were goofing around or acting irresponsibly and got hurt because of it, it will most likely not be covered by worker’s compensation.
If you were working and your coworker failed to do their job correctly, you are entitled to workers’ compensation benefits. Not only that, your employer may be liable for your injuries if the employee who caused your injury was improperly trained.
What to Do if You’re Injured at Work by Another Employee
Notify your employer – Regardless of how you were injured on the job, it is essential to notify your supervisor, employer or HR department immediately. This is vital to ensure that the incident is documented with an accident report and you receive proper medical care right away.
Document your injuries –Document all injuries and how they occurred. If possible, have a medical provider take photos of your injuries. Make sure to be honest with your doctor about the severity of any pain you’re feeling. Injuries that may not seem like a big deal can manifest weeks or months later.
Contact an attorney –An experienced attorney will determine if you are eligible for workers’ compensation and if you’re entitled to file separate claims against the person who caused your injury, your employer, or the manufacturer of a defective product. It’s vital to contact a personal injury attorney immediately following your accident, as workers’ comp claims have strict procedures and deadlines. There are statues of limitations on filing civil lawsuits for damages as well.
If you’ve been injured at work by another employee, our experienced workers’ compensation and personal injury attorneys can help. Call The Law Offices of Gold, Albanese & Barletti, LLC or contact us online to schedule a free consultation.
Contact Gold, Albanese & Barletti, LLC
Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for our clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.
Our firm is licensed and admitted to municipal, state, federal and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas.