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HomeBlogPersonal InjuryCan I File a Workers’ Compensation Lawsuit if I am Injured by a Coworker?
24 October, 2022

Can I File a Workers’ Compensation Lawsuit if I am Injured by a Coworker?

Being injured on the job puts you in a very difficult position, but if you were injured due to another employee’s negligence (or worse), the situation could feel that much more dire. Fortunately, workers’ compensation generally covers you across the board – regardless of where negligence lies – including if you were injured by a coworker. If a coworker leaves you injured at work, consult with an experienced Chicago workers’ compensation attorney early in the process.

Workers’ Compensation Coverage

Workers’ compensation is designed to split the difference between the rights of both employers and employees. As such, negligence generally doesn’t play a role. If you are injured on the job for nearly any reason – other than while doing something illegal or while doing something that is strictly forbidden (such as engaging in a physical fight) – you are covered by workers’ compensation insurance. 

Conversely, your employer is required to purchase workers’ compensation coverage for all the company’s employees but does not have to worry about lawsuits emanating from accidents and injuries on the job. As such, you are covered for any injuries you sustain during the natural course of your work, including if they are caused by a coworker.

The Negligence of Third Parties

If you are injured on the job, but a third party’s negligence is involved, you can seek just compensation for the injuries you sustain via a personal injury claim against the negligent third party. Examples include:

  • If you are injured by a faultily designed or manufactured piece of equipment
  • If you are injured by another driver’s negligence while you are driving in a work capacity
  • If you are injured on the job at a remote location due to negligence on the part of the property owner (as a construction worker, for example)

Your coworkers, however, are also covered by your employer’s workers’ compensation insurance and are not third parties. 

Covered Losses

The losses (or legal damages) you can seek compensation for in a Workers’ compensation claim are less comprehensive than those sought in personal injury claims, and this is part of the balancing act involved. Covered losses include:

  • Your lost earnings (at a specific percentage of your current wages)
  • Your covered medical bills (for those healthcare services deemed necessary)

An important point to remember here is that the workers’ compensation provider is going to weigh in about which medical procedures are necessary and which are not and about when you have reached your maximum medical improvement, and you can expect pushback along the way. Having a seasoned workers’ comp attorney on your side is the best way to protect your rights throughout the claims process. 

You Need an Experienced Chicago Workers’ Compensation Attorney on Your Side

If a coworker leaves you injured on the job, the accomplished Chicago workers’ compensation attorneys at The Horwitz Law Group take great pride in their exemplary track record of helping clients like you resolve their claims favorably.  We are on your side and here to help, so please don’t put off contacting or calling us for more information today.  

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