To fulfill their job duties, employees often work alongside their co-workers. Despite how well you may get along with your co-worker, they may do something they are not supposed to, which can result in severe accidents and injuries. Many people wonder what they should do if their co-worker is responsible for their workplace injury. If you have been injured due to negligence, contact an experienced Morris County Work Injury Attorney who can help you understand your legal options. Please continue reading to learn what to do if your co-worker is responsible for a workplace injury.
What should I do if a co-worker is responsible for my workplace injury?
Whether you have been injured in an accident or because of a co-worker’s negligence, you are well within your rights to file a workers’ compensation claim. In New Jersey, employers must carry workers’ compensation insurance to provide their workers with benefits if they become injured or ill due to their job. Workers’ compensation can provide workers with benefits that cover the costs of their medical expenses, lost wages, and other injury-related expenses. However, workers’ compensation will not cover noneconomic damages such as pain and suffering. If your injuries require a long recovery time or permanent disability, workers’ compensation will only cover your medical bills and 2/3 of your lost wages. Therefore, to collect compensation for the rest of your losses stemming from the accident, you will have to file a third-party claim against your co-worker.
However, you must prove that your co-workers’ negligent actions or mistakes directly caused your injuries. Essentially, you must prove that you would not have been injured if your co-workers did not do something wrong. It is critical to note that sometimes, liable co-workers may not have enough to cover the full cost of your damages. When this is the case, you may have the option of pursuing legal action against your employer.
Can I take legal action against my employer?
If you have suffered a catastrophic injury, you can take legal action against your employer. However, you must be able to prove that your employer knew that your co-worker posed a threat to other employees as they were dangerous and failed to take the appropriate measures to protect you. Nonetheless, if you suffered minor injuries such as bruises, pulled muscles, or minor burns, you cannot pursue legal action against your employer or co-worker.
If you have been injured due to your co-worker’s negligence, contact a skilled and knowledgeable Morris County work injury attorney at Lutz Injury Law today. Our firm is prepared to help you seek reasonable compensation for your economic and noneconomic damages. Allow our firm to represent your interests to maximize your chances of getting the justice you deserve.