When injured at work, while performing duties related to your job, you are entitled to workers’ compensation. Every year, over 800,000 Americans have to file for workers’ compensation. With few exceptions, no matter how the accident occurs, you are entitled to workers’ compensation benefits. The only exceptions are generally gross negligence on your behalf. If you were under the influence of drugs or alcohol or engaged in a criminal activity that resulted in your accident, you may not be able to ask for workers’ compensation.
If you are eligible for workers’ compensation, you may be wondering if you are entitled to more and a workers compensation attorney, like from Rispoli & Borneo, can explain your situation. What if a colleague caused the accident?
Lawsuits Against Colleagues
When injured at work, you would first file for workers’ compensation. Filing a lawsuit against your coworker is often the next step if the workers’ compensation benefits do not cover your full recovery. Workers’ compensation benefits do have limits and will only pay a certain percentage of lost wages and your medical bills.
You may have damages including:
- Past and future wages
- Pain and suffering
- Medical costs
When your damages exceed what workers’ compensation covers, you can file a third-party lawsuit against your colleague.
Discussions with a Lawyer
Before you file a claim against a colleague, you may want to have a discussion with a workers’ compensation lawyer. Personal injury lawsuits can be complex in nature. Not only do you need to have evidence of your injury and the damages that you suffered, but you also need to be able to prove that your colleague’s actions or inactions were the direct cause of your injuries.
A lawyer not only gives you an idea of the type of evidence that you will need to build your case, but he or she will also make sure that you do not fall behind the deadlines. When you file a lawsuit, you have multiple deadlines that you have to meet. There are documents that need to be filed with the court and the quicker that you build a case, the better. A lawyer has the experience to make sure that everything runs smoothly so that your case is not dismissed.
If you suffered an injury at work because of the negligence of a coworker, then you may be entitled to compensation. Before you file a claim, it helps to discuss your options with a legal advocate. Set up a consultation as soon as possible with a workers’ compensation lawyer.