Whether or not you can sue a coworker directly for a work injury is not straightforward, nor is a lawsuit against a fellow employee necessarily the best way to get compensation for an occupational injury. To learn your deserved recovery and get it, reach out to our lawyers right after a workplace accident, no matter the cause.
Suing a coworker may not yield the same damages as suing a tool manufacturer, for example, so our lawyers can see if anyone else shares liability. While it may appear like the coworker’s mistake injured you, it might have been a piece of equipment’s defective design. This opens the door to the possibility of a third-party work injury lawsuit, which our attorneys can help you pursue. Workers’ Compensation generally blocks you from suing your employer for a workplace injury due to a coworker, but it can pay lost income and medical benefits.
For help from our Massachusetts work injury lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.
Can I Sue a Coworker Directly for Injury in Massachusetts?
Suing a coworker directly may not be the best way to get enough compensation, nor is it always possible. To maximize your recovery, reach out to our lawyers after an occupational accident.
Holding a coworker accountable for a workplace injury through a lawsuit is challenging, and typically only permitted if the coworker intentionally injured you. Not to mention, the coworker may not have the personal funds and assets to give a sizeable settlement that even starts to help cover your damages. While a coworker might be solely at fault for an intentional assault or other injury, they may not be the only party who contributed to an accident and bears liability.
A lawsuit filed directly against a coworker might yield fewer damages than a Workers’ Compensation claim, and your occupational injuries are most likely covered by Workers’ Compensation, no matter their cause.
Can I Sue My Employer if My Coworker Injures Me?
Workers’ Compensation blocks employees from suing their employers in Massachusetts and is the exclusive remedy for most workplace injuries. While the legal doctrine of respondeat superior typically makes employers liable for their employees’ negligent or intentional conduct while working, Workers’ Compensation trumps that.
This means you most likely cannot sue your employer if a coworker directly injures you in Massachusetts. However, suppose your employer fails to maintain mandatory Workers’ Compensation. In that case, our attorneys may be able to hold them accountable for an employee’s negligence or recklessness in a lawsuit, so reach out for clarification.
If you’re an independent contractor, you’re most likely excluded from the Workers’ Compensation system. Because of this, you may be able to sue an employer for a coworker’s or other contractor’s negligence, and our Massachusetts work injury lawyers can help you pursue this type of case.
Can I Sue a Third Party if My Coworker Injures Me in Massachusetts?
If your coworker injures you while using a defective tool or machine, they may not be the only party who bears liability for your injuries. In fact, the company that produced, designed, or distributed the defective equipment may be liable through a personal injury lawsuit.
Third-party lawsuits often let injured workers get more damages than what Workers’ Compensation can provide, so see if filing one is an option in your case. A third party is someone outside of your workplace, like the manufacturer of the tools and equipment used on your work site.
The statute of limitations for third-party work injury lawsuits in Massachusetts is three years, so do not waste time learning if you can sue. A lawsuit may yield compensation for medical bills, lost wages, and non-economic damages, while a Workers’ Compensation claim never covers pain and suffering. You may be able to file a third-party work injury lawsuit and get Workers’ Compensation, so ask our lawyers for clarification.
Can I Get Workers’ Comp if a Coworker Injures Me?
In general, most occupational illnesses and injuries qualify you for Workers’ Compensation in Massachusetts. As long as you didn’t intentionally harm yourself or cause your accident through other disqualifying means, you may get lost wages and medical benefits.
If one of your coworkers injures you at work, even if by mistake, you may get Workers’ Compensation. Statements from the coworker who accidentally caused the accident may help your claim’s approval, as might incident reports.
Workers’ Compensation covers a portion of your missed income. The amount you receive depends on your disability classification and whether it is partial incapacity, temporary total incapacity, or permanent and total incapacity. Disability classification also determines how long you’ll receive lost-wage Workers’ Compensation benefits.
Workers’ Compensation will also pay all reasonable and necessary medical expenses. You can get medical Workers’ Compensation benefits as long as you incur medical expenses from an occupational injury.
What Should I Do if a Coworker Injures Me at Work?
If a coworker is negligent and injures you at work, contact our lawyers, and we can help you recover damages.
Report the Injury
Prioritize reporting the injury. Tell your manager that an accident happened, and give them a detailed account. While fault doesn’t matter in Workers’ Compensation claims, don’t admit to any wrongdoing.
Don’t let a coworker talk you out of reporting an accident for fear they will be reprimanded for their negligence.
Document the Injury
Document your injuries by seeking immediate medical attention. Don’t ignore nagging pain from a workplace accident, and start building medical evidence of your injury. Workers’ Compensation claims and third-party work injury lawsuits alike rely heavily on medical evidence, so don’t underestimate the importance of this step.
Contact Our Lawyers
In addition to explaining your recovery options, our lawyers can start documenting your damages right away and ensure you file your claim as soon as possible.
Call Our Massachusetts Lawyers Today
For help from our Boston work injury lawyers, call the Law Office of John J. Sheehan now at (617) 925-6407.