It’s generally understood that employers are accountable for making sure their employees are safe. What do you do when a negligent coworker is responsible for your injury?
If you’re injured on the job, you’re eligible to file for workers’ compensation – period. Worker’s Compensation benefits allow you to pay your medical bills and help make up your lost wages. Whether your negligent coworker was responsible for your accident or not, by law, any employee injured on the job can file for them. Workers’ compensation is usually “no-fault” – meaning that it could cover injury that an employer might not be responsible for.
Third Party Claims
There are certain circumstances where a third party claim may need to be used. Say your coworker was recklessly driving a piece of faulty machinery that couldn’t be stopped and hurt you, your coworker would be responsible for your injury. If the machinery was faulty and your coworker was unable to stop it in time, your employer’s responsibility comes into question. Your employer is responsible for ensuring machinery is properly working and safe to use. Your employer would also be responsible for not intervening while your negligent coworker was behaving recklessly. In cases like this, a third-party claim may need to be made against your employer for addition damages.
A third party claim may be used for:
- Medical bills, including therapy
- Pain and suffering
- Out-of-pocket expenses
- All lost Wages (not just a percentage)
At The Clardy Law Firm, we want to help you get the compensation you need and deserve. We’ll assist you through your workers’ compensation filing process and fight for you if your claim gets denied. Contact us for a consultation with one of our team.