I Was Injured by a Co-worker, Is That Workers’ Comp?
If you are injured while on the job, workers’ compensation will generally cover the medical costs of your injuries. Learn what will happen if you are hurt by a co-worker while at work, and what you can do if your claim is not covered by workers’ comp.
Injured On The Job
What constitutes a work-related injury? Generally, an incident is considered work-related if it occurs while you are on the job and in the course of your job duties. Sometimes, a work-related injury is caused by the actions of another employee. Here are the steps you should follow if you are injured by a co-worker while at work.
1. Tell your employer what happened.
Immediately notify your employer when you’ve been injured while at work. They will then take notes, make appropriate calls, and look into whether your injury needs immediate medical attention. They will assist in both your medical needs as well as the future safety of other employees.
2. Collect evidence of your injuries.
Document the circumstances of your injury and the facts surrounding what happened while the memory is still fresh in your memory. Also, take note of the pain you may be feeling, how it is impeding on your ability to work, and the medications you have to take as a result of your injury. Take note of everything that is possibly relevant, as you may have to testify in regards to these things later.
Leaving out or forgetting details at any point may not bode well for your claim. If these events are recorded by an HR representative, ask for your own copy to be used in court or in potential settlement negotiations.
3. Make an accident report.
If you’ve been hurt by a coworker at work, fill out a claim form provided by either your employer or your state’s workers’ compensation board in order to request workers’ comp benefits. Be sure to fill out the form within 30 days, or else you may jeopardize your access to benefits.
Situations When Workers’ Compensation Does Not Apply
If you were hurt by a coworker but they were not engaged in a work-related activity at the time of the injury, you are likely not going to be covered by workers’ compensation. These situations include injuries sustained during lunch breaks, coworker altercations not involving work-related issues, or “goofing off” during work hours.
Of course, each situation is different. If you were hurt by a co-worker during one of these potential situations, you may still be entitled to workers’ compensation benefits. A workers’ compensation attorney will help you navigate your case and get you the settlement you deserve. If you are living near Chicago or Tampa and need advice on whether you have rights to a workers’ compensation claim, be sure to contact us at Disparti Law Group today.