Being injured at work is a difficult experience. In addition to coping with the physical injury, you are also trying to deal with the financial crisis caused by being out of work. Indiana’s workers’ compensation laws provide that a worker hurt on the job should receive medical care. In addition to medical care, the injured worker may be entitled to additional benefits if he or she is out of work. Contacting an Indiana workers’ compensation attorney is one of the best steps you can take to ensure you receive the benefits you are entitled to receive by law.
Reporting Work-Related Injuries
Regardless of how the workplace accident occurred, you need to report the accident to your employer as soon as possible. If you are hurt by a coworker, you need to report this to your employer too. Be prepared to provide details regarding your workplace injury including:
- Date, time, and location of the accident/injury
- How the injury occurred
- The details of your injury
- Who was involved in the accident
- Any medical treatment you have received since the time of the injury
You may be required to complete forms regarding a workers’ compensation claim. Make sure you keep copies of all forms that you complete. You will need to provide these forms to your workers’ compensation attorney. Furthermore, keep all forms and information provided by your employer, doctor, or workers’ compensation insurance company.
Remember, you are entitled to have an attorney advise you of your rights regarding a workplace injury. Call our office as soon as possible so that we can begin protecting your rights to ensure you receive the benefits allowed by law.
What If I Was Hurt by A Coworker?
In most cases, injuries caused by another coworker are covered by workers’ compensation provided the accident occurred within the scope of your employment. In other words, you and the coworker were performing your work-related tasks and duties when the accident occurred. For example, a coworker was moving a box to the storage room, lost his balance, and dropped the box on your foot. The injury caused by the box falling on your foot should be covered by workers’ compensation insurance.
However, if you and your coworker were horsing around instead of working and you are hurt, your injury may not be covered by workers’ compensation insurance. Likewise, if you are hurt by a coworker during your lunch break or after you clock out, your injury may not be covered by workers’ compensation. Altercations between coworkers are also not covered by workers’ compensation insurance.
Third Party Injury Claims
Don’t assume that just because your injury is not covered by workers’ compensation insurance that you are not entitled to recover compensation from someone for your injury. If you are hurt by a coworker, you may have a civil claim against that person for damages arising from the injury. For example, if your coworker purposefully ran over your foot with a forklift because he was mad at you, you may be entitled to sue the coworker for compensation.
Another example is a coworker who is horsing around with another coworker causing you to be injured. If you were not participating in the conduct, you might have both a workers’ comp claim and a third party claim against the coworkers who caused you to be injured.
Call an Indiana Injury Attorney for More Information
Claims for workplace injuries can be complex, especially if you were hurt by a coworker. Because several areas of law may apply to your accident, it is best to consult with an experienced Indiana injury attorney who understands all the applicable areas of law.