Regardless of your occupation, there is always a chance of being seriously injured due to negligence. For that reason, employers in New Jersey must carry workers’ compensation insurance to provide benefits for their employees who become ill or injured while on the job. However, many wonder whether they are still entities to file a workers’ compensation claim if their co-worker is responsible for their injuries. Keep reading to learn what to do if your co-worker is responsible for your injuries, and discover how our qualified Essex County Workers’ Compensation Attorneys can help you today.
What happens if a co-worker is responsible for my injuries?
You can file a workers’ compensation claim if you are injured at work. This holds regardless of whether you were injured in an accident or because of a co-worker’s wrongdoing. It is imperative to note that negligence is not a factor in workers’ compensation. Regardless of who is responsible, workers can file a worker’s compensation claim to recover cash benefits to cover their medical bills, lost wages, and other injury-related expenses. Unfortunately, workers’ compensation only covers so much. Workers’ compensation will not cover non-economic damages such as pain and suffering.
If you have sustained severe injuries, you can file a third-party lawsuit against the negligent employee to recover total compensation for your damages. Sadly, victims are often burdened with considerable damages that negatively impact their lives. To recover compensation through a third-party lawsuit, you will have to prove that your co-worker’s negligence directly caused your injuries. However, the liable employee may not have enough money to cover the total cost of your damages. When this is the case, you may file a claim against your employer under certain circumstances.
Can I take legal action against my employer?
In some cases, if you have been injured due to your co-worker’s negligence, you can file a claim against your employer. However, you can only do so as long as you can prove that your employer knew the negligent employee was dangerous and they failed to protect you. Nevertheless, you cannot take legal action against your employer or co-worker unless you have sustained catastrophic injuries. You cannot pursue legal action if you suffer minor injuries like abrasions or pulled muscles.
If your co-worker is responsible for your injuries, contact a skilled and knowledgeable attorney from the Law Offices of Christopher T. Howell, Esq. for strong legal representation. Our legal team is prepared to assist you in filing a worker’s compensation claim or third-party lawsuit to collect the compensation you are entitled to. Allow our firm to represent your interests.
