If you have been injured while working and coworker caused your injuries, you can file a claim for workers’ compensation. Workers’ compensation is a no-fault insurance program that workers maintain to protect themselves and their workers in the event of a workplace accident. While you cannot bring a personal injury lawsuit against your employer, there are situations where you are able to pursue a personal injury lawsuit for your damages, such as if a third-party caused your injury. In that case, if a coworker was negligent and caused your accident, you might be able to bring a separate personal injury claim against that individual. What Workers’ Compensation Can Provide Workers’ compensation laws do vary from one state to another, but the benefits provided are rather standard. Workers’ compensation offers medical benefits, which cover the costs of your medical care for your work-related injury. In addition, workers’ compensation covers a portion of lost wages, which is usually about two-thirds of your regular salary. There are state minimum and maximum payouts with the amounts changing with the laws annually. Typical temporary and long-term disability benefits are usually low, and don’t compensate the injured worker for his or her full salary or for pain and suffering. Suing a Coworker For Negligence If the fault of your accident doesn’t fall back on your employer or faulty equipment, but another person, you might be able to pursue a personal injury claim against that person. If your coworker, which is considered a third-party, acted negligently or intentionally caused your injuries, you should consult with a personal injury attorney about pursuing a personal injury claim against the individual. Your attorney will be able to determine if you can file for workers’ compensation and sue a negligent coworker. A lawyer will need to go over all the details of your case. These kinds of claims are handled on a case by case basis. The Personal Injury Claim Process When you pursue a personal injury claim, you will need to prove that the other party was negligent. There are four elements of negligence that must be met. First, you must show that the coworker had a duty or responsibility to act in a certain manner to protect others from harm. Then, you must show that duty was breached because the coworker did not act properly. Third, you will need to show that the breach led to the accident. Then, lastly, you will need to show that accident resulted in your damages. Consult With a Workers’ Compensation Attorney If you have suffered injuries while on the job, and you are wondering if you can file for workers’ compensation and sue a negligent coworker, you should consult with a workers’ compensation attorney who is licensed in your state. To get your claim on the right track, complete the Free Case Evaluation Form on this page. An attorney can review the details of your case and determine the best way to proceed. Additional Resources How Can I Start a Workers’ Compensation Claim? How Do I Calculate What I Can Receive From Workers' Comp?
