When a Co-Worker Causes Your Work Injury: Can You Still File for Compensation?
Accidents happen quickly at work, especially in busy, high-pressure, physically demanding jobs. Maybe a co-worker didn’t know how to use tools, machinery, or equipment properly, or failed to follow standard safety procedures. In some cases, it may have just been a simple mistake. But if their behavior caused you to suffer on-the-job injuries in Maryland, you may be wondering about your rights and whether you still qualify for benefits.
The short answer is yes. You can get workers’ compensation if a co-worker caused your injury. Our experienced Maryland workers’ compensation attorney explains how the law works and how you can protect your rights.
How Maryland Workers’ Compensation Covers Co-Worker Accidents
When on-the-job injuries happen and prevent you from working, benefits available through the Maryland Workers’ Compensation Commission (WCC) help cover your medical costs and a portion of lost income. It is a no-fault system, meaning you don’t have to prove anyone was careless to receive benefits.
Whether you slipped on a wet floor, were struck by a falling object, or got injured due to a co-worker’s mistake, you may still be entitled to benefits as long as the injury happened in the course of your job. Common examples of co-worker-related injuries include:
- Improper use of forklifts, ladders, and other equipment or tools.
- Horseplay or unsafe shortcuts that lead to accidents.
- Failure to follow safety procedures in construction or manufacturing.
- Negligent driving in company vehicles or on job sites.
- Dropped objects or spills that cause slips, trips, or falls.
Even if your co-worker was clearly at fault, your claim gets filed against your employer’s workers’ compensation insurance, not the individual employee.
Filing A Third-Party Claim Against Co-Workers For Work-Related Injuries in Maryland
Workers’ compensation covers most on-the-job injuries, even if a co-worker was to blame. However, there are situations where you may also have a third-party claim, which can provide compensation for your pain, suffering, and other losses not covered by workers’ comp. These include:
- When a co-worker intentionally causes you injuries.
- When negligence on their part was clearly to blame for what happened.
- When they are responsible for work-related car accidents, such as on company trips.
Filing a third-party claim may also be an option when defective equipment or tools contributed to the accident, or a property owner or maintenance company failed to fix a hazard. However, the legal theory of contributory negligence applies. You can be denied compensation for being even partially at fault.
Questions Concerning Third-Party Claims? Consult Our Experienced Maryland Workers’ Compensation Attorney
At Berman Sobin Gross LLP, we represent Maryland workers injured by co-workers, contractors, and negligent third parties across every industry, from construction and healthcare to transportation and education. We’ll review your case, advise you on your legal options, and take the actions needed to get you compensation.
If you were injured by a co-worker or another party while on the job, contact us today. Consult our experienced Maryland workers’ compensation attorney to discuss how to get the benefits and compensation you deserve.
Source:
wcc.state.md.us/
dls.maryland.gov/pubs/prod/CourtCrimCivil/Negligence-Systems.pdf
