When you suffer an injury at work, you are automatically entitled to get workers compensation. This applies in almost every situation, unless you were under the influence, committing a crime, or violating company policies. The cause of the accident is irrelevant. You are entitled to compensation whether it was no one’s fault or caused by yourself or a coworker. Ordinarily, workers compensation will provide you compensation but will also protect your employer and coworkers from any additional lawsuits. However, there are a few exceptions that may apply to you when you suffer a workplace injury.
Gross Employer Negligence in Hiring or Keeping the Coworker
When coworkers cause accidents at work, you should always report it. It isn’t about solidarity, and it isn’t about ratting him out. You have a duty to keep yourself and others safe, so you need to make sure management is aware of a dangerous employee. In some cases, management ignores warnings about an employee’s actions and behavior. According to InjuryClaimCoach.com, if you are injured by an employee that had caused injuries in the past, and management knew about this worker’s risky behavior, you may have a case of negligence.
You will need to prove two things in this type of case. You will have to prove that your coworker has a history of acting dangerously, or irresponsibly placing the safety of others at risk. You will also have to prove that the management knew about his behavior and was unreasonably neglectful. If management never addressed their behavior or gave them any type of warning or training to correct it, it might be an example of negligent behavior. In this situation, you can file an additional personal injury claim against your employer.
Although workers compensation is meant to protect all types of injuries at work, that is not completely true. If an injury is not work-related, it may not be covered by workers compensation. If this injury was also caused by a coworker, your only course of action may be bringing a personal injury suit against him or her to help you recover damages. According to Nolo.com, non-work-related situations include:
- Lunch Breaks
- Altercations Between Coworkers
If you were injured in one of these situations, you may not be entitled to workers compensation. You will then need to contact a personal injury attorney and begin a claim against the coworker who injured you.
Reporting Workplace Injuries
Whether or not these situations apply, always remember to immediately report workplace injuries. In Nevada, you need to complete a C-1 form within 7 days of the injury. This form informs your employer and makes a record of the injury. Afterwards you need to complete a C-4 form, which is your application for compensation. This will need to be filed within 90 days. If you do not follow these timelines, your claim will not be processed, so always remember to fill out these forms as soon as an injury occurs. Whatever the case may be, our personal injury and workers compensation attorneys are here to help you. Contact us today, and we will start working to win you compensation.