Have you sustained an injury while on the job? Unfortunately, workplace injuries can happen at any time due to negligence. When they do occur, they may prevent you from being able to return to work and receive paychecks that would help cover the cost of your injury-related expenses. When you suffer a workplace injury, you can file a workers’ compensation claim. However, these benefits may not cover the total cost of your damages. That said, it is in your best interest to retain the legal services of an experienced Monmouth County Workers’ Compensation Lawyer who can help you secure the fair compensation you deserve. Please continue reading to learn what happens if your co-worker is responsible for your injuries in New Jersey.
What should I do if a co-worker is responsible for my injuries?
If you were injured in an accident or because of a co-worker’s wrongdoing, you should file a workers’ compensation claim. In New Jersey, employers must carry workers’ compensation insurance to provide benefits for employees that become ill or injured while on the job. These benefits can pay for medical bills, two-thirds of lost wages, and other injury-related expenses. However, it will not cover your losses for pain and suffering. Workers’ compensation does not factor in negligence, which means if your co-worker was responsible for your injuries, you have the right to seek a workers’ compensation claim. Nevertheless, you may not be eligible for workers’ compensation under the following circumstances:
- The injury occurred because you were engaging in horseplay
- The injury happened off the clock on a lunch break
- The injury occurred as a result of an altercation or intentional act
- The injury was caused due to a co-worker who is a third-party contractor
- The injury was caused because you were under the influence of drugs or alcohol
As mentioned above, workers’ compensation can provide you with benefits to cover the cost of your injury-related expenses. However, it may not be enough to cover the total cost of your economic and non-economic damages. When this is the case, you can file a third-party lawsuit against the negligent employee as long as you can prove that your injuries were caused directly by their negligence. In some cases, the negligent employee may not have enough money to cover the total cost of your losses stemming from the accident. If you suffered severe injuries, you may be able to pursue legal action against your employer for reimbursement. You can only file a claim against your employer if you can prove that they knew the negligent employee was dangerous to others and failed to protect you.
If you have been injured due to your co-worker’s negligence, contact Falcon Law Firm to discuss your legal options. Our firm is prepared to fight on your behalf to maximize your chances of recovering the benefits you need to get back on your feet.
