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Injured By a Coworker: Liability and Legal Options

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Injured By a Coworker: Liability and Legal Options

Injured By a Coworker: Liability and Legal Options

By Jan Hoen

Unfortunately, even if you are safe and conduct your work duties as you should, you can still be injured on the job. Sometimes, injuries happen due to the conduct of a coworker. No matter what the cause of your injuries might be, you are entitled to workers’ compensation benefits for medical care and disability pay, and you might be eligible for additional compensation in some situations. 

The claim process can be challenging, so it is best to speak with a Virginia workplace injury attorney if a coworker has injured you. At Hampton Injury Law PLC, we care about your legal needs and can help you determine liability to ascertain who is responsible for your injuries and damages. 

Who Is Liable If A Coworker Injured Me And Who Can I Sue For Compensation?

It might seem hard to believe but determining who is liable when a coworker injures you is challenging. In some instances, you can claim workers’ compensation, and in certain situations, you can sue your coworker. 

Workers’ Compensation

Should the accident have occurred while undertaking your work duties under workers’ compensation insurance rules, liability does not need to be determined. All employees who incur injuries while on the job, even by their coworkers, have a right to file a workers’ compensation claim to attain compensation for their workplace injury. 

Workers’ compensation benefits will cover all your medical treatment, any out-of-pocket expenses, and two-thirds of lost wages. However, workers’ compensation will not cover the costs associated with pain and suffering and mental anguish. 

Additionally, you need to be aware that you can still claim workers’ compensation if you were injured by a coworker while off the clock. Yet, you will have to have been following instructions by a supervisor with permission to work after hours. 

Your Coworker Injured You Outside Of Working Hours

If your coworker injured you before you started working, during a meal or rest break, or after you finished working, you won’t be able to sue your employer, and you won’t be able to obtain workers’ compensation. The only way you can obtain monetary damages for your injury is by suing your coworker in these situations. 

Your Coworker Injured You During Working Hours While Under The Direction Of Your Employer

Often workers’ compensation benefits will only pay your medical bills and lost wages up to certain limits. This means that if you continue to face financial costs associated with your injury caused by a coworker, you will need to pay for them yourself. Fortunately, you have the right to sue your coworker for your injury even if you have collected workers’ compensation benefits. 

However, it’s important to note that an in-depth investigation of your accident will be done to determine if your coworker was partially at fault or potentially fully at fault. You will need to determine if your coworker failed to follow the safety precaution rules that they were taught. 

If they are found to have acted negligently by not following workplace protocol, they can be held partially or fully at fault for your injuries, and you would then be able to sue them to obtain compensation. 

Contact A Virginia Lawyer Today To Discuss Your Workplace Injury

If the injuries you suffered due to the negligence of your coworker are serious or debilitating, you need to consider speaking with a Virginia lawyer. Suing your coworker can be a confusing and complex situation, and you will need expert legal representation if you do choose to file a lawsuit. 

At Hampton Injury Law PLC, we can perform the necessary checks required to determine if the coworker at fault has the financial ability to pay for your damages. Get in touch with our firm at your earliest convenience so that we can help you secure a financial future. 

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