If your co-worker injured you while you were on the job, then you are probably entitled to compensation. Getting workers’ compensation seems like the obvious answer here, but that might not be your only opportunity to pursue damages. A Queens workers comp attorney from our firm might also be able to help you if you decide to sue your co-worker or your employer for damages.
Do I Need to File a Worker’s Compensation Claim?
Filing a workers’ compensation claim is advisable in this situation. You were injured at work, so it would be unlikely for your claim to be denied. Some people think that the employer needs to be the one who is to blame for their injury, but this is not the case. In fact, a negligent co-worker is actually one of the top reasons people get injured on the job. So use the worker’s comp system. That is what it is there for.
Just keep in mind that workers’ compensation does not pay out like a personal injury suit does. This compensation is designed to cover your medical bills and two-thirds of your missed wages. If you want to pursue damages for pain and suffering, you need to file a personal injury suit.
Can I Sue My Co-Worker if They Injured Me On the Job?
That often means suing your co-worker. If you are convinced that it was their mistake that led to your injuries, then you can try to hold them accountable through a personal injury suit. The damages from this case could pay out more than workers’ compensation because you are allowed to sue for pain and suffering. You can also sue for all of your lost wages, not just the two-thirds that workers’ compensation offers you when you file a claim.
Can I Sue My Employer if I Was Injured On the Job?
In some cases, an employer can also be sued by a worker who was injured on the job. If you were injured due to the actions or negligence of a co-worker, you can try to show that your employer was well aware that this co-worker could be a danger to others. They failed to protect you and that is why you are suing for damages.
You can usually only sue an employer if the injuries you suffered were serious though. If you have bruises, muscle strains, or minor burns, you probably cannot pursue a case. If you have fractured or broken bones, burns, or head trauma, your employer can probably be sued for damages.
Contact Our Law Firm
So if you need to recover compensation after an accident on the job, contact the Law Offices of George Poulos. We have experience pursuing damages in personal injury and workers’ compensation cases. We will schedule a consultation and tell you more about what we can do to assist you.