Some on-the-job injuries are the result of true accidents. Unpredictable and uncontrollable circumstances culminate in a worker falling or sustaining injuries caused by a piece of heavy machinery.
However, the vast majority of workplace incidents are preventable. When looking at the situation, safety professionals can clearly identify mistakes or negligence that resulted in injury. Employees hurt due to uncontrollable situations or incidents that their employers may have caused should know that they are eligible for workers’ compensation benefits.
Other times, there may be questions about eligibility due to fault. Perhaps a coworker showed up for their shift drunk or became distracted by their phone while handling heavy machinery. What rights do people have when a workplace injury occurs due to a co-worker’s negligence or rule-breaking?
Workers’ compensation is often still available
Contrary to what some people believe, fault does not have much impact on eligibility for workers’ compensation benefits. The workers’ compensation program offers no-fault coverage to those with job-related medical challenges. For the most part, if you get hurt at work, regardless of the reason and regardless of who is “at fault” (if anyone), you will likely be entitled to workers’ compensation benefits, including wage loss and medical treatment for any injury.
Even when the employer is not at fault, the injured worker is eligible for medical benefits to pay for their reasonable and necessary treatment and wage loss benefits to replace some of their lost wages during their recovery. Occasionally, employees may be able to hold third parties accountable for the financial impact of their injuries.
However, a co-worker typically is not actually a third party. Vicarious liability makes a business responsible for the negligence or misconduct of workers who are on the clock. If a co-worker does something unsafe or illegal while working, the employer is theoretically liable for the damages caused by the worker.
Thankfully, those seeking workers’ compensation benefits do not need to make arguments regarding vicarious liability or prove that a teammate was to blame for their injuries. They simply need to show that the incident occurred at work or that their diagnosis is the result of their employment.
Reporting an injury to management, seeking appropriate medical care, and filing a claim for workers’ compensation benefits, if necessary, can help injured workers limit the losses they sustain. People hurt due to a co-worker’s mistakes or negligence have access to the same benefits as those hurt by unpredictable incidents in the workplace. If you are hurt at work, regardless of the reason, contact a certified specialist workers’ compensation attorney to get the guidance you need to navigate the system with confidence.