Can I Sue a Coworker Who Caused My Work Injury?
If you’ve been injured on the job in New York State, you may be eligible for Workers’ Compensation benefits through your employer’s insurance carrier. You generally cannot sue a coworker "in the same employ”. That means if someone also employed by your same employer is the cause of your injury, your only legal remedy is typically Workers’ Compensation. However, in circumstances where your employer intentionally caused you harm, you may then be able to sue them, and we would recommend that you consult an attorney in that event. If your injury was caused by the negligence of a worker not in the same employ, you may be able to sue them in a Personal Injury action in addition to your Workers’ Compensation claim. If you are unsure of the employment status of the coworker, we recommend that you contact an attorney to assist with pursuing the appropriate action. In cases where an injured worker qualifies for both Workers’ Compensation benefits and a Personal Injury settlement, one claim will greatly affect the other. MCV Law is highly experienced in both areas of the law, and our attorneys will coordinate each action to maximize the recovery of our clients.
What To Do If You’ve Been Injured By a Coworker
If your injury is an emergency, seek medical care right away and inform the treating provider that this is a Workers’ Compensation injury. You should also immediately inform your employer of the injury. There are a number of factors that can have a critical effect on your Workers’ Compensation claim and/or Personal Injury claim. Notifications to your employer, accident reports, medical reports, witness statements, and other such documentation and evidence of your injury is important for building a case. MCV Law can guide you through the Workers’ Compensation and Personal Injury processes, and help you avoid the critical mistakes that would otherwise prevent you from being awarded substantial settlements. When it comes to both Workers' Compensation and Personal Injury claims, we work on contingency. We do not get paid unless we win your case, and even then, payment simply comes in the form of a small percentage of the total amount that you are awarded. Time is always of the essence to ensure that deadlines are met, so it's important to act soon.
We’re here for injured workers. Connect with our team today.