What if Your Workers’ Compensation Injury Was Caused by a Coworker?
Workers who sustain serious injuries at work might benefit from a no-obligation consultation with the workers’ compensation attorneys at Silverman, McDonald & Friedman. Our legal team is here to help you claim the benefits you are entitled to so you can focus on recovering from your injuries. You are invited to contact us to schedule your consultation with a Newark, Seaford or Wilmington workers’ compensation attorney today.
Workers’ compensation is a state-funded program that provides temporary disability benefits for workers who must lose time at work due to a workplace injury. If the incident that caused the injury occurred during the course of the employee’s regular work task in their place of employment, the employee can file a workers’ compensation claim. Even if the injury was caused by the negligence of a coworker, the injured worker can still file a claim because workers’ compensation is a no-fault program.
In Delaware, workers’ compensation covers temporary disability benefits if there is more than three days of lost time due to a workplace injury, benefits become payable on the fourth day. Benefits include medical coverage for workplace injury-related medical services. If the employee goes back to work part-time at first, they may be able to receive temporary partial benefits for up to 300 weeks. If the workplace injury results in a permanent impairment, the injured worker can receive permanent impairment benefits, and an employee can receive disfigurement benefits for scarring, burns or amputations related to a workplace injury. Death benefits, including funeral expenses are payable to dependents of workers whose death was the result of a job-related accident or illness.
Whether the injury was intentional or accidental, if it was work related and on company time, the injured person must report their injury to the employer and complete a workplace accident injury report. Failure to report an injury on the job can make an employee ineligible for workers’ compensation benefits.
Situations where workers’ compensation might not apply
If the coworkers were not working at the time of the incident when the injury occurred, workers’ compensation is not likely to cover the injuries. If the incident was personal between the two parties, if it happened while both parties were on a lunch break, or if the incident could be considered horseplay, workers’ compensation will not cover the injury.
If an incident like these occurs, the injured party may be able to file a civil suit against the co-worker to recover damages for their injuries.
At Silverman, McDonald & Friedman, we focus our efforts on making sure that our clients get the compensation they deserve when they have been hurt in the workplace or have been diagnosed with an occupational disease. You are welcome to call 302-888-2900 or fill out our contact form to make an appointment for a free consultation with an experienced workers’ compensation lawyer in Wilmington, Newark or Seaford today.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.