Sadly, workplace injuries are not uncommon. Regardless of whether you were injured in an accident or because of another employee, you can file a workers’ compensation claim to recover monetary compensation for your losses, including medical bills and lost wages. Workers’ compensation claims do not factor in negligence. Therefore, if your co-worker is responsible for your injuries, you can file a workers’ compensation claim to recover benefits to cover your injury-related expenses. However, you may need to file a third-party lawsuit if the negligent employee cannot cover the total cost of your damages, you were engaged in horseplay, you were off the clock, or there was an altercation. If you have been injured due to your co-worker’s negligence, contact our competent Westchester County Workers’ Compensation Attorneys, who can help you navigate your legal options. Please continue reading to learn what to do if your co-worker is responsible for your injuries. 

What to do if a co-worker is responsible for your injuries in New York?

Workers’ compensation protects employees who become injured or ill on the job. However, it doesn’t cover pain and suffering. That said, you can pursue a third-party lawsuit against your co-worker to collect compensation for your noneconomic damages. To do this, you must prove that your co-worker’s negligence directly caused your injuries. Essentially, you must prove that you would not have suffered your injuries if it wasn’t for your co-worker’s wrongdoing. If the negligent employee cannot pay for the total cost of damages, you may take legal action against your employer. This is only the case if you can prove that your employer knew that the responsible employee was dangerous to others and failed to protect you. You must also note that you can only take legal action against your co-worker and employee if you have sustained severe injuries.

When is an injury not covered by workers’ compensation?

If a co-worker caused your injury, it may not be covered by workers’ compensation if you were engaging in horseplay. While at work, if you are participating in a behavior considered “goofing off,” your claim will likely be denied. However, your claim is valid if your co-worker was horseplaying and you were an injured bystander.

If you were injured by a co-worker when you were off the clock, you would not be eligible for workers’ compensation. This is the case even if you only clocked out for lunch or a break. It is critical to note that this is the case even if your co-worker wasn’t responsible for your injuries. Furthermore, if an altercation occurs between you and your co-worker over something unrelated to work or your co-worker intentionally harmed you, it would not be a viable claim. This is because the altercation or intentional act was not work-related.

If a co-worker caused your workplace injury, you may feel unsure how to proceed. Don’t navigate this complex situation alone. Allow our talented Westchester County workers’ compensation attorneys at Hausman & Pendzick to help you secure the fair compensation you deserve. Our firm is committed to helping our clients hold negligent parties responsible for their negligence.