Workers’ compensation is designed to help employees who get hurt in the workplace, no matter what caused their injury. If you sustain injuries that are not job-related, insurance will kick in. For instance, if a worker causes another direct harm, they can be held responsible. The victim can file a personal injury claim against the offender. Keep reading to know what to do when you are hurt by a colleague, when you can sue, and why you must work with Colorado Springs Personal Injury Lawyers.
Collecting Workers’ Compensation
When your injury occurs related to your work-related activities and while you are on the clock, you can file a workers’ compensation claim. Indeed, you can’t sue your employer for extra damages if you are eligible for workers’ compensation.
The first thing you must do when you sustain work-related injuries is to report the incident to your manager. The latter will instruct you how to proceed. Generally, you must see a doctor, get the names of the witnesses and keep track of your medical bills and medical records. If the insurance company denies your claim, you may need to defend yourself.
When to Sue when a Coworker Hurts You
You can sue if a coworker hurts you if you are on your time and that coworker causes an injury that workers’ comp does not cover. This can take place during your lunch break. You can sue a coworker for personal injury if they assault you in a physical confrontation. But, you might not be able to sue for injuries, if the incident happens in the course of verbal fights or wrestling and the behavior is not allowed in the workplace.
How to Prove Negligence
In a personal injury case, you must prove negligence to get a settlement. Thus, you should prove the coworker had a duty to act responsibly in a given situation and that they fail to do so and this resulted in direct harm.
If you have been injured by a coworker and are not sure which path to take, you must give a personal injury attorney a call as soon as possible. Your attorney will help you determine whether to file workers’ compensation or sue for personal injury.
