Can I File a Workers' Compensation Claim if I Was Injured Because of Another Employee’s Actions?

Injuries often happen in the workplace, and they can happen for several reasons. Sometimes, a co-worker may cause your injuries, whether accidental or intentional. Some examples include:

Physical contact. Being directly hit by a person or object they are handling.
Workplace violence. Physical assault or harassment leading to injury.
Improper equipment operation. An employee may be injured because another employee does not follow safety procedures when using machinery or tools.
Overexertion. Being injured while assisting another employee in lifting heavy objects with improper technique.

What happens in these cases? If another employee causes you to suffer a workplace injury, can you still file a workers’ compensation claim? The answer is yes. You would not be denied benefits.

For the most part, if you suffered a physical injury that arose from and during employment, you are eligible for compensation. Workers’ compensation operates under a no-fault system, unlike other personal injury claims. It does not matter who caused the accident. Even if you caused the accident, you should be able to recover compensation for your injuries if the accident was not intentional. That would be considered fraud and would bar you from financial recovery.

You may wonder: What other options do you have? For the most part, filing for workers’ compensation is your only option for recovering compensation if a co-worker has injured you. Workers’ compensation is an exclusive remedy, which means you cannot file a lawsuit against your co-worker or employer while receiving workers’ compensation benefits.

But there are exceptions. If workers’ compensation is not applicable or your co-worker intentionally tried to harm you, you may be able to bring a personal injury lawsuit. Contact a workers’ compensation lawyer to learn about your legal rights.

When Workers’ Compensation Doesn’t Apply

Workers’ compensation is not available for every workplace accident and injury. Here are some exceptions:

Horseplay. You would not qualify for benefits if you were goofing off during work hours or engaging in horseplay and got injured. However, if your co-worker was goofing off and caused you to get hurt, you could receive workers’ compensation.
Not on the clock. If you were on a lunch break or clocked out and a co-worker accidentally slammed your hand in a door, you would not receive benefits because you were not working and engaging in work activities at the time of the accident.
Intentional act. If you got into a fight with a co-worker and broke an arm, this likely would not be covered because it was more of an intentional act and not an actual accident.

Contact Us Today

The workers’ compensation system varies from state to state, and the laws can be confusing. Make sure you understand your eligibility for benefits. Denied claim? Have any questions? An Omaha workers’ compensation lawyer from Andres Law Offices, PC LLO, can help you. We will negotiate a settlement and represent you if necessary. Contact us today to schedule a case review. Call (402) 491-4003 or fill out the online form.