Injured At Work By Another Employee: Here’s What You Need To Know

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If you were injured at work by another employee, you have multiple options for recovering compensation. Depending on the specific circumstances surrounding the incident, you can recover compensation via a workers’ compensation insurance claim, a personal injury claim, or both. 

Workers’ compensation insurance covers almost all occupational injuries. Under workers’ comp. guidelines, what caused the workplace accident does not matter. If the accident and resulting injuries occurred during the injured worker’s course of employment, then the injuries are covered by workers’ comp. 

Additionally, if your work injury is caused by a third party other than your employer, you may also be entitled to pursue a personal injury claim, in addition to your workers’ compensation claim.  In such instances, there are certain rules that must be followed so that you do not forfeit your workers’ compensation claim by electing your remedy.  In addition, your employer may have a right to reimbursement of workers’ compensation payments from any recovery for your personal injury claim. 

When You Are NOT Covered by Workers’ Comp. Insurance

Workers’ compensation insurance would not cover you if your injuries occurred while you were not engaged in a work-connected task or activity. For example, common situations in which workers’ comp. won’t cover you include: 

  •     During lunch breaks
  •     Going to and coming home from work
  •     If you were engaged in illegal activity or were under the influence of alcohol or drugs
  •     If you and the other employee were fighting
  •     If you were goofing around with the other employee

Do note, though, that in these situations, you might still be entitled to file a personal injury claim against the other employee. You may likewise be able to sue your employer in certain circumstances. 

Get in Touch with a Dedicated Workers’ Compensation Lawyer in Greenville

Call the law firm of David R. Price Jr., P.A. at 864-392-3278 or contact us online to arrange your free case evaluation today. Our skilled Greenville workers’ compensation lawyers will help you navigate your workers’ compensation claim and help you secure maximum workers’ comp benefits for your injuries. 

Workers’ Compensation FAQ

Can I choose my doctor?

No. Except in emergencies, you can only receive medical treatment from a doctor or medical provider approved by your employer. Otherwise, you’ll have to pay for your treatment.

What if a co-worker caused my injuries?

Workers’ comp. insurance may cover your injuries if the injury occurred in the workplace or outside the workplace, provided that the accident occurred while you were performing your job duties.

What benefits can I receive from workers’ compensation insurance?

You can recover medical bills, compensation for lost wages, and/or disability benefits for permanent injuries. 

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