Workplace Injuries Caused by a Fellow Employee

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Workplace injuries can happen anytime, often when you least expect it.

People who work in warehouses, factories, or in the construction industry must be particularly vigilant about following safety protocols due to the hazards that come with the job. However, workplace injuries can also be caused by another employee. If you have been injured at work, whether the injury was caused by an accident or a co-worker, you will be covered by your employer’s Workers’
Compensation insurance, provided that the injury occurred while you were officially on the job.

What to Do if Injured by a Co-Worker

As with any workplace injury, there are several steps you should take if your injury was caused by another employee. Even if your injury was completely accidental, the incident will be considered a workplace injury if it occurred during the course of your employment. Keep the following tips in mind if you suffer an injury that was caused by a co-worker:

Notify Your Employer. It is very important that you make your employer aware of your injury as soon as possible. Provide as many details about the injury as possible, including where it took place, how it happened, and the seriousness of your injuries. Your employer will ensure that you receive the medical attention you need and that the same accident does not happen to other employees.

Document Your Injuries. Document as much information about your injury as possible while it is still fresh in your mind. Include the location and intensity of your pain, how it affects your ability to work, as well as any medications and/or treatments you require because of the injury. This will be helpful if you are asked to testify about the injury later. The more time that goes by, the more likely you are to forget important details, which could have a negative impact on your claim. If your human resources representative interviewed witnesses and anyone else involved in the accident, be sure to request a copy of this for any future settlement negotiations.

Complete a Work Injury Accident Report. Request a claim form from your employer. If he or she does not have the forms available, you may obtain one from the Workers’ Compensation board. In most cases, you will be required to provide the following information on the accident form:

– Details about the injury, including the specific body parts affected
– The cause of the accident
– The individuals involved
– Date, time, and location of the accident
– Surgeries, physical therapy, medication, and any other treatments you have undergone

Once you have completed this form, make a copy for your records and give the original to your employer. Make sure that you submit the form within the required timeframe of 30 days, or your Workers’ Compensation claim may be denied.

One of Maryland’s “Super Lawyers,” Paul Tolzman received his Bachelor of Arts degree in History from Loyola University Maryland and earned his Juris Doctor degree from the University of Baltimore School of Law. He was admitted to practice before Maryland Courts in 1977. Mr. Tolzman has extensive litigation experience in criminal/DUI defense. In addition, in the personal injury arena, his firm has recovered over $100 million for his clients.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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