Usually speaking, worker's compensation will cover any injuries you sustain at work, including injuries that are inflicted by a co-worker. There are some cases, however, where an injury caused by a co-worker will not be covered by your employer's insurance. Keep reading to learn what some of your options are when it comes to compensation for workplace injuries.
First of all, here is the normal protocol to follow if you are injured at work, that is, if you are hurt while you are on the job, performing your job: You should let your employer know about the incident. Your employer will then take many of the necessary steps to report the accident, get you medical treatment if necessary. And if your employer is aware of the accident and how it arose, it can create awareness on how to prevent this injury in the future.
Then you will have record how you were injured, as soon as possible, so you can recall details. Jot down your pain, your loss of mobility or ability to work, and any medicines you have been put on. If the injury is serious enough that you ever have to file a claim, these records could be invaluable. In the meantime, a human resources worker will likely be tracking down witnesses of the incident to create a record for the company. This report is something you want a copy of if you need to pursue a claim.
Finally, your employer might give you a request form for workers' compensation, or you may to get this form from the state's workers' compensation board. On this accident report, you will have to put down what your injuries are and every body part this injury affects. You also need to include details about the accident itself, how it happened and who was there. You also need to note the place, date, and time of the incident, as well as record the medical care you have needed. When you have completed this report, you will have to hand it over to your employer, but be sure to keep a copy. You probably only have 30 days within which to fill this report, otherwise you might forfeit any chances of workers' compensation benefits.
BUT, this only applies in situations where you could collect workers' compensation. In some accidents caused by a co-worker, you cannot be covered. The accident might have taken place at work, but not in a work-related action. Thus you could lose out on workers' compensation. You could still file a personal injury claim though. For example, if you are injured on your lunch break, the sad truth is that workers' compensation probably will not cover this accident. And even if your co-worker did not hurt you on accident, but intentionally inflicted injury, this might not be covered under workers' compensation. If you two get into an altercation over something that is not related to work, say, over a romantic interest, then workers' compensation probably won't cover your injuries. The same principle applies even when you and your co-worker were just having fun, "goofing off"; injuries resulting from horseplay will probably not be covered. Now, if you were not a part of this horseplay and you were injured from it, you might still get these benefits. You also might still get workers' compensation if horseplay is allowed in your line of work or at your company.
But in situations where you cannot collect workers' compensation benefits, you may be able to file a personal injury claim against a co-worker, even an employer too, if either of them were negligent. In either case, you may need to fight to collect the full amount you are owed from workers' compensation, and you will certainly need the assistance of an experienced personal injury lawyer to win your claim. Find the personal injury attorney you need on our directory today!