Injuries often occur at work. As such, any injuries you experience will likely fall under workers' compensation. However, if you were injured due to the negligence of a coworker, you might wonder if you may be entitled to compensation from them as well. Because you may be limited in what you can collect from workers' compensation, you might want to consider pursuing compensation for the damages you have suffered.
Types of Damages
There are several types of damages you might suffer as a result of the negligence of a coworker. You may be entitled to compensation for medical expenses and future medical expenses. You're also entitled to compensation for lost wages. All of these forms of compensation are also available if you seek workers' compensation benefits. However, you are also entitled to compensation for pain and suffering, loss of consortium, and other forms of damages. Depending on how egregious the conduct is of your coworker, you may even be entitled to punitive damages.
The Scope of Your Injury
You may want to sue your coworker because your injury is not considered to take place within the scope of your employment. For example, your injuries might have been suffered while you were on a rest break. Work with a personal injury lawyer to decide what approach to take.
Winning a Case Against Your Coworker
Unlike with a workers' compensation case, you must prove that your coworker was negligent to be able to receive compensation for your injuries. An accident that could not have been avoided will not be something that you could obtain compensation for. For example, when operating a piece of machinery, your coworker might not have been following what is considered best practices. Your coworker might even have been goofing off or playing a prank. Make sure to explain how you become injured so your personal injury attorney can determine if you can prove that you were the victim of negligence.
In some cases, your coworker might not be negligent but might be trying to injure you on purpose out of malice. Under these circumstances, you will need to have done nothing to engage with or provoke the violence. For example, you will not be entitled to compensation for injuries resulting from mutual combat. Also, if you are concerned that you may be at fault for your injuries, you will not be able to pursue a workers' compensation claim for the fight. However, because liability is often contested, you should have a personal injury attorney look over your case. Click here for info on personal injury lawyers.Share