Injury at the Workplace with Coworkers and Employer Liability

If you suffer work-related injuries involving co workers, you may not be able to recover damages from those co workers, even if they were completely at fault for your injuries. Most workers’ compensation laws prohibit injured employees from suing their co workers for personal injuries sustained while on the job. Essentially, then, workers’ compensation programs provide compensation for employees with work-related injuries, regardless as to whether the employer, a co worker, or even the employee himself or herself was partially or totally at fault.

Liability for Coworker or 3rd Party Injuries

The only exception to workers’ compensation programs constituting the exclusive remedy for employees with work-related injuries is if a third party, such as a manufacturer of a certain product or piece of equipment is liable, in that it provided a defective product that caused the employee’s injuries. In this case, the employee is usually permitted to pursue a personal injury action against the manufacturer in civil court, which is totally independent of the workers’ compensation program. However, in the typical case, if an employee obtains a settlement or damages from a third party, then the employer and/or its workers’ compensation insurer can claim a lien on that settlement, and thus be reimbursed for any workers’ compensation paid out to the injured employee.

Getting Legal Help

Thus, if you are injured while on the job, due to the negligence of a co worker or not, you should immediately report your injury to your employer, fill out a claim form, and seek necessary medical attention. Since states’ workers’ compensation laws can be complex, though, and differ from one state to the next, it is likely to be helpful to consult an experienced workers’ compensation attorney for assistance in filing and/or evaluating your claim.

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