Being hurt at work can be a very complicated legal situation, particularly if that injury was caused by a co-worker. If you’ve been hurt by a co-worker while on the job, then you need to be very careful about how you proceed so that you can be sure to receive the workers’ compensation benefits that you need to move on from your injury. Fortunately, with the right information, you can handle co-worker caused injuries easily and effectively.
If you’ve been hurt by a co-worker, read about your legal recourses, and learn about a few obstacles that may prevent you from receiving your compensation.
Accidents that Happen Off the Job
Prior to examining the steps you need to take to receive your workers’ compensation after being hurt by a co-worker, it’s a good idea to examine areas where your claim might be denied. Unfortunately, not every instance where a co-worker might injure you will be covered by workers’ compensation benefits. In fact, your employer is only responsible for injuries that occur during the normal operations of your job.
For example, if your co-worker injuries you outside of typical work hours, such as during your lunch break, your employer is usually not responsible. Similarly, if your injury occurs while playing or roughhousing, your injury will not be covered because it was caused by a non-work activity. Finally, if you get into an altercation with your co-worker and are hurt, this will probably not be covered by workers’ compensation benefits.
Notification and Documentation
The key to a successful workers’ compensation claim, including ones based on co-worker caused injuries, is notification and documentation. As soon as your injury occurs, you need to alert your employer, especially if other co-workers are at risk of being injured in the same way. In addition, early notification speaks to the severity of your injury and makes it more likely for you to receive your benefits.
After notifying your employer, you will need to document your injury as fully as you can. First, you need to record how your injury occurred and how extensive it is. Second, you need to be sure to document any and all medical treatment that you receive for your injury. Finally, be certain to make note of any lingering effects of your injury, including pain and a loss of functioning.
File an Accident Report After Being Hurt by a Co-Worker
While most states have their own rules for workers’ compensation, virtually every state will require you to fill out and submit an accident report before you will be able to receive your benefits. The accident report is an official document that will be used to determine how much compensation you will receive and how long you will receive it.
The accident report will cover almost every area of your workplace injury, but the most important information includes the exact time and date of your injury, the cause of your injury, which employees were involved and information about your medical treatment.
Legal Representation is Key
Get legal advice after you’ve been hurt by a co-worker by speaking with a knowledgeable personal injury attorney from Mitch Grissim & Associates. When you work with one of our dedicated attorneys, you will increase your chances of getting the compensation you need to recover from your serious workplace injury. Contact us today.