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When someone is injured at work by another employee, distinguishing liability can be a complicated process. The Larrimer & Larrimer law firm has years of knowledge dealing with workplace injury cases and determining whether the person is entitled to recover compensation for their on-the-job injury.
Is the Workers Compensation Claim Valid?
Regardless of who was at fault for the victim's work-related injury, they are entitled to file a workers' compensation claim for their medical bills, other injury-related expenses, and a portion of lost wages.
When someone files for workers comp benefits, they are generally prohibited from bringing a personal injury claim or personal injury lawsuit against other employees or their employer. However, it is essential to note that there are some exceptions that workers' compensation insurance does not cover; these include but are not limited to:
Off the Job Injuries
An example of this is if someone was injured because a coworker tackled them while playing a game during their lunch break; workers' compensation may not cover the medical treatment for this injury.
Violent Altercations
A coworker attacking someone is not covered by workers' compensation for personal reasons. However, if the employers knew about the person's propensity for violence and did nothing to prevent it or the incident was work-related, the injured party may be entitled to workers' compensation, and the other employees are held liable.
Horseplay
If a person and their coworker were acting irresponsibly or goofing around and got injured, it would most likely not be covered by a workers' compensation insurance company.
When someone is working, and their coworker fails to do their job correctly, they are entitled to coworkers compensation benefits. The employer might be liable for the injuries if the employee who caused the victim's damage was improperly trained.
What to Do If Someone Is Injured at Work by Another Staff Member
Below are some steps someone should take if they are hurt at work by another employee.
Notify the Employer
Regardless of how the injured workers were hurt at work by another employee, it is crucial to notify their supervisor, HR department, or employer straight away. This is essential to ensure that the incident is documented with an accident report and the person receives the proper medical attention right away.
Document the Injuries
It would be best if victims of injuries at work document all their injuries, how they occurred, and any sensitive or confidential information. They should let their medical provider take photos of their wounds during the initial consultation and recovery period. People need to be honest with their doctors about the severity of any pain they are feeling. Injuries may not seem significant but can manifest months or weeks later after the workplace accident.
Contact an Attorney
A knowledgeable and experienced attorney will determine if someone is eligible for workers' compensation and if they are entitled to file separate claims against the individual who caused their injury. Understanding who caused the problem, whether defective products, a manufacturer, or the person's employers, is all significant factors considered when exposing liability and getting maximum compensation from an insurance company.
Contacting a personal injury lawyer after a personal injury or an accident at work is crucial to adhere to the workers comp claims strict deadlines and procedures. It is vital to note that there are statutes of limitations for filing civil lawsuits for damages.
What to Do When an Employee Is Injured Off the Job
A workers' compensation insurance company doesn't provide them with benefits if an employee is injured off the job. In order to get the workers' comp benefit, someone's employee must receive an injury at work. If their employee gets injured outside of work, their health insurance company can help cover their medical expenses, medications, and immediate medical attention.
When Worker Compensation Is Not an Option
Most states require companies to carry workers' compensation claim insurance if they have staff. However, it's important to remember that there are some exceptions for particular industries, including but not limited to:
Seasonal workers
Agricultural workers
Domestic workers
If these people are injured, and the boss is not required to deal with an insurance company for them, they will likely have to deal with their medical bills through their own means. Suppose they are independent contractors; this individual may have workers' insurance company coverage from their primary business.
Navigating Worked Related Injuries and Work Injury Compensation
No matter what industry people are in, it is not uncommon for employees to get injured on the job. Whether someone is a barber, plumber, or contractor, anyone can get sick or hurt from a work-related cause.
If someone's staff gets a work-related illness or injury, they should seek medical care. This employee should file a report with the boss to start the worker compensation process for the state's workers' compensation board. After getting their message, the boss can start gathering and documenting information about the person's illness or injury.
Each state has a time limit for filing workers' compensation claims. People may want to make sure their employees know about any statute of limitations in their region. No matter where someone lives, the sooner they file an injury report, the stronger their case.
If a person or boss waits too long, they could lose their worker's compensation benefits, and the case would become invalid.
What Are On-Job Injuries?
Duties or normal activities on the job can result in workplace injuries. Some of the most common causes of these injuries include but are not limited to:
Car accidents while your employees drive for business purposes
Incorrect lifting techniques can cause a repetitive stress injury or immediate damage, like tendinitis
Falls and slips, such as an employee slipping on a wet floor or sliding on ice outside the office
Although the above are the most common ways that staff members can get an injury at work, workplace injuries can differ from company to company. An example is that construction industry employees could run into different workplace accidents that someone who works as a maintenance manager.
How Much Does Workers' Comp Pay?
No matter what kind of business one runs, illness or injuries can happen. This is where a workers' compensation claim insurance company comes in and can help employees with essential benefits for their medical attention.
An ill or injured employee can file a workers' compensation claim and receive weekly payments to cover lost wages or medical bills. This coverage is also called workman's compensation and workers' comp insurance.
Remember, this coverage won't help if a staff member gets a personal injury unrelated to their work.
Workers Compensation Benefits - Average Weekly Wage
Workers' compensation benefits provide staff members a part of their average weekly salary. However, the amount paid out will vary depending on state workers' compensation insurance regulations.
Below is an example that can help people learn how to calculate their employees' average weekly wage:
If a full-time employee made $50,000 last year after working for 242 days, the boss would divide the number by 424 to figure out the average daily wage of $206.61.
Next, the employer should multiply the above number by 260 to get the total number of days a full-time employee would work in a year. This should come up to $53,718.60. Lastly, divide $53,718.60 by 52 to get the staff members' average weekly salary of $1,033.5.
Total Disability vs Partial Disability
The type of illness or injury the person has will also determine the weekly amount the employee receives. Workers comp is tricky, so speaking to a personal injury attorney with an excellent attorney-client relationship at an esteemed law firm is a good idea.
If someone is partially or totally disabled, they will get more benefits than an individual with a temp injury. It's important to remember that each state has its maximum weekly rate, so employers must consider this before filing a workers comp claim.
How Long Does a Workers Comp Claim Last?
If an individual is wondering how long does compensation last, it also varies depending on the situation. Generally, the more serious a work-related injury or illness is, the more extended the payment period. An employer may want to advise their staff to talk to a lawyer for legal advice if they expect their employee to need additional medical treatment beyond regular workers comp settlements.
What Are People's Rights Against Other Parties Other Than Their Employer?
Sometimes a worker gets hurt on the job or gets injured because of the negligence of a third party. Depending on the circumstances or situations, the guilty individual or entity be a manufacturer, a designer of defective gear, or a piece of equipment.
Carefully examining the circumstances will display who is at fault and can be determined with the help of a qualified and professional lawyer.
Civil lawsuits can typically seek extra personal injury damages that are not settled in a workers' compensation claim for work-related injuries. Let Larrimer & Larrimer take care of any individual or work-related injuries for any company employees.
Conclusion
Getting injured at work by another employee is one of the worse things. It may or may not have to be their fault, but the truth is that the injured parties need compensation.
Before contacting Columbus workers comp lawyers, it is vital to message the department in charge of injury at the victim's office. With the above in mind, injured people must speak to an attorney to help them bring their claim to court.
For other questions related to this matter, such as if it's possible to transition to light duty for a non-work-related injury, you may consult us.