Workers’ compensation was put in place to cover medical costs, lost wages and other such damages that occur if an accident happens while you are on the job and performing work duties. Usually, when you’re hurt at work for any reason you will be covered by this form of insurance, which covers you for your medical bills and part of your lost wages.
However, if you were injured by a coworker, there are certain situations that may not be covered by workers’ compensation, especially if the injury was not in the course of approved work activities. Let’s take a closer look at what happens when you are hurt by a co-worker while at work and the options you have if your claim is not covered under workers’ compensation.
Typically, work-related injuries are those that happen while you are at work and in the course of the duties of your job. If you have sustained a work-related injury due to the actions of one of your coworkers, there are certain steps you should follow.
Notify your employer immediately.
Do not wait to tell your employer about what happened. They will be responsible for making notes, calls, and looking into whether your condition needs immediate medical attention. By making detailed notes of what transpired and what caused the accident, they can prevent similar instances in the future.
Document your injuries
Collect evidence of the facts of what happened and the circumstances surrounding your injury. Make notes while what transpired is still fresh in your mind. Write down the pain you are possibly feeling, whether it’s impacting (and how) your ability to work, and whatever medications or treatments you may be taking thanks to the injury.
If something is potentially relevant but you are unsure, still take note of it. Don’t forget details, as holes in your story will not be good news for your claim. Ask for a copy for your own records if an HR representative records these events, as you may need to use it later in possible settlement negotiations or in court.
File an accident report
Do not wait too long to file an accident report if you’ve been hurt by a coworker. A claim form will be provided to you by either your state’s workers’ comp board or your own employer, which will allow you to request workers’ compensation benefits. You may jeopardize your ability to receive benefits if you do not fill out the form within 30 days of the accident occurring.
Does Workers’ Compensation Apply?
Of course, depending on the circumstances under which you’ve been hurt by a coworker, you may not be eligible for workers’ compensation. Such circumstances would include horseplay during work time, injuries that happen at lunch, or coworker altercations over non-work-related issues. Each situation is different, though, so you may still be eligible for workers’ compensation.
If you’ve been hurt by a coworker and need to file either a workers’ compensation or personal injury claim near Oklahoma City, don’t hesitate to get in touch with the attorneys at Parrish DeVaughn Law Firm today.