Workplace injuries are tragically common, which is the primary reason that workers’ compensation exists. However, not all workplace injuries are cut and dried, particularly those that have been caused by a co-worker. If one of your co-workers has caused you to suffer an injury, then it’s important that you take the proper steps so that you can be certain to receive the workers’ compensation benefits that you need to recover from your serious injury.
When you’ve been hurt by a co-worker, read about your legal options and the steps you need to take to guarantee that you receive workers’ compensation benefits.
Take Immediate Action After Your Injury
Although you’re probably preoccupied with treating your injuries, one of the most important things you can do after being hurt by a co-worker is to document the events that led to your injury as quickly and thoroughly as possible. Your employer and your insurance company will rely on this documentation to award your workers’ comp benefits, which means you need to act while the information is still fresh in your memory.
First, notify your employer that an accident has occurred and let them know if the situation is likely to cause further injuries. With that done, you need to start recording the facts of your case, especially how the accident occurred and the extent of your injuries. When you have the right amount of evidence, you’ll be more likely to win your benefits.
Constructing an Accident Report
In addition to documenting your accident for your own use and a potential injury lawsuit, many states require that you fill out an accident report to be filed with your workers’ compensation insurance company. Without this report, you will not be able to receive your benefits, so it’s important to complete this step as soon as you can.
The accident report will be a detailed account of your injury and its aftermath. Facts that you should be certain to include in your report can encompass the location and time of your accident, what actions by your co-worker caused your accident, the extent of your injuries and what medical treatment your doctor has recommended and performed.
Injuries that Aren’t Covered by Your Employer
An additional factor that you should take into account is that your employer is not responsible for all workplace injuries, even those that have been caused by a co-worker. Injuries that happen during lunch breaks, for instance, will almost never be covered by workers’ compensation. Other injuries that your employer is not responsible for include disputes between employees and injuries caused by horseplay.
Basically, the only injuries that you will be able to receive benefits for are those that occur as a result of your normal job duties.
Seek Legal Advice Once You’ve Been Hurt by a Co-Worker
Unfortunately, even when you follow the correct procedures, it’s still possible that you’ll be denied your needed workers’ compensation benefits. If you’ve been hurt by a co-worker and are struggling to get your benefits, you should get legal representation from Lewis & Keller.
The legal professionals at Lewis & Keller can examine the facts of your case and tell you the best way to be approved for your benefits. Request a free case evaluation from us today and fight for the workers’ compensation you need after your major injury.