Do I get workers comp if I’m injured by a coworker?

On Behalf of | Jan 8, 2021 | Workers' Compensation

Most employees spend the majority of their hours on the job around their coworkers. While there is a level of camaraderie that comes with this, it also opens up the possibility for you to suffer injury at the hands of a negligent coworker. Fortunately, you can still earn workers’ compensation if you suffer an injury at the hands of a negligent coworker in New Jersey.

The circumstances of the injury

Your workers’ compensation eligibility will largely depend on what you and your coworker were doing at the time of your injury. To receive workers’ compensation, the injury must have taken place while you were performing job duties. This means that if you suffer an injury while horsing around with a coworker, you may be ineligible for workers’ compensation.

Suing your employer

Typically, you cannot sue your employer if you are injured by a negligent coworker. This is a trade-off of having access to workers’ compensation insurance. Employers can usually only be sued if the injury is deemed severe or life altering or if you can prove that they knew the coworker posed a safety risk to others.

Suing your coworker

If you suffer injuries based on a coworker’s negligence, you may have the right to get workers’ compensation in addition to suing the coworker in question. Since workers’ compensation only pays for medical bills and a portion of lost wages, you may be able to sue your coworker for other expenses stemming from the injury.

Your workplace injury is the beginning of a legal process that requires sound advice in regard to the workers’ compensation laws of your state. You should contact an attorney to represent you in these claims while you seek to recover financial damages.