What Happens If My Co-Worker Injured Me On the Job?

If your co-worker injures you while you are on the job, you may have legal options. Obviously you should think about applying for workers’ compensation, since the accident happened at work, but you may have another option. This may be a good time to pursue damages with the help of a seasoned Darlington, South Carolina personal injury lawyer.

Can I File a Worker’s Compensation Claim If a Co-Worker Hurt Me?

Yes you can. Some people think that a claim can only be filed if they are hurt in the workplace due to management or bosses. However, workers’ compensation is for anyone who gets injured at work. The “how” is not really a factor.

So if your injuries only occurred due to the actions or negligence of a co-worker, you can apply for workers’ compensation. Just remember that the payout from this program does not cover everything that damages from a personal injury lawsuit would cover. You cannot tell the workers’ compensation program that you want money for “pain and suffering,” for example. You are just compensated for medical costs and two-thirds of your missed wages.

When Would I Not Be Eligible for Workers’ Compensation?

There are some situations where you would not be eligible for workers’ compensation. Your claim could be denied if you were injured while:

• You were traveling to or from home
• You were under the influence of alcohol or some type of drug
• You were involved in a criminal activity
• You and your co-worker were engaged in “horseplay”
• You were on a break

In cases like these, the injuries you suffered would potentially be considered your own fault. At the very least, the workplace is not seen as responsible for what happened to you.

Can I Still File a Personal Injury Case Against My Co-Worker?

Even if you have a successful claim for workers’ compensation, you can still choose to pursue a personal injury lawsuit against your co-worker. If their negligence was to blame for your injuries, then they should be held accountable.

You may also be able to sue your employer. If they know that your co-worker presents a danger to others in the workplace, they should have addressed the problem a long time ago. By letting this co-worker of yours continue to operate in the same way, they created a more hazardous situation for everyone else employed at this company.

Compensation from a personal injury case can help you cover accident costs like medical bills and lost wages, but a settlement can also help make up for the psychic toll an accident and its injuries can take on you. A fair offer can be calculated with things like your mental anguish and your pain and suffering in mind

Set Up a Meeting With Our Personal Injury Attorneys

If you are considering filing a personal injury case or you simply need help navigating the state’s workers’ compensation system, we are here to assist you. Call James Law and schedule a meeting with our legal team. We would love to tell you more about your legal options and how we can help you make things right.