Unfortunately, work injuries are not umcommon. Regardless of your particular occupation, there is always a risk of serious accidents and injuries due to negligence. Depending on the severity of your injuries, they may prevent you from working and lead to significant medical expenses. When this is the case, you can file a workers’ compensation claim. In New York, employers must carry workers’ compensation insurance to provide benefits that pay for their employees medical bills, lost wages, and other injury-related expenses if they become injured or ill while on the job. However, many workers wonder whether they can still file a workers’ compensation claim if their co-worker is responsible for their injury. Please continue reading to learn what happens if your co-worker is responsible for your injuries and discover how an experienced New York City Work Injury Lawyer can help you secure the fair compensation you deserve.
What happens if my co-worker injured me on the job?
When it comes to workers’ compensation, regardless of whether you are injured in an accident or because of your co-workers negligence, you are entitled to file a workers’ compensation claim to recover compensation for your damages. Fortunately, workers’ compensation does not factor negligence when a worker is injured. That said, if you are injured as a result of your co-workers mistake, you should file a workers’ compensation claim. These benefits will cover your medical costs, two-third of your lost wages, and other injury-related expenses. However, it is critical to note that these benefits will not cover your economic damages for pain and suffering. If these benefits do not cover the total cost of your damages, you must file a third party lawsuit against the negligent employee responsible for causing your injuries. You will be burdened with proving that your injuries were caused as a direct result of your coworkers negligence.
Can I take legal action against my employer?
In some cases, the negligent employee may not have enough money to cover the full cost of your damages. When this is the case, you may file a claim against your employer. However, this is only the case if you can prove that your employer knew that the responsible employee was a danger to others and failed to protect you from the potential threat they posed in the workplace. Furthermore, you can only take legal action against your co-worker and employer if you sustained severe injuries.
If you have been injured due to your co-workers negligence, contact an experienced New York City work injury lawyer from our law firm today for strong legal representation. Our firm is prepared to fight on your behalf to help you recover the just compensation to which you are entitled to.