What Happens if a Co-Worker Caused My Injury?

If a co-worker caused your injury, you may be able to file a workers’ compensation claim to cover medical bills and lost wages. In Florida, workers’ compensation is typically the primary option for workplace injuries, regardless of fault. 

What happens if a co-worker caused your injury also depends on whether it was intentional harm or involved a third party. You may also have grounds for a separate liability claim.

A Florida work accidents lawyer can evaluate your situation and explain whether additional legal action is possible.

If a Co-Worker Caused Your Injury, You May Be Able to File a Workers’ Compensation Claim

Florida’s workers’ compensation laws allow employees injured on the job to claim financial support, regardless of who was at fault. These benefits may cover all your reasonable medical expenses and a portion of lost wages. Other benefits may also be available. 

Most, but not all, Florida employers are legally required to carry workers’ compensation insurance, ensuring that injured employees have access to these benefits. Requirements vary by industry and employer size. When a co-worker causes an injury, workers’ compensation is usually the primary avenue for financial recovery. 

Employees typically cannot sue their employer or co-worker directly for workplace injuries, as the system is intended to be a no-fault solution.

There are exceptions, though, such as cases involving intentional harm or third-party negligence, which may allow for additional claims outside of workers’ compensation.

When a Third-Party Liability Claim Applies

A third-party liability claim may be another option for pursuing compensation beyond workers’ compensation benefits. These civil claims arise when another party, not your employer, causes or contributes to your workplace injury due to negligence. For example, if a contractor or vendor working on-site caused the accident, you may have grounds to file a claim against them.

Third-party liability may also apply in cases involving defective equipment or machinery. If a product malfunctioned due to poor design or manufacturing flaws and caused your injury, the manufacturer could be held accountable.

Intentional acts by co-workers, such as physical assaults, may also open the door to claims outside the workers’ compensation system. A Florida personal injury lawyer can assess if a third-party liability claim applies in your situation.

What to Do If a Co-worker Causes Your Injuries

After any workplace injury, prompt reporting and immediate medical care should be prioritized to protect your right to claim workers’ compensation benefits or additional compensation. You also want to position yourself to reach your maximum medical recovery. 

Personal injury lawyers recommend taking the following actions to protect your right to file a claim:

• Report your workplace injury to your employer: Immediately notify your employer or supervisor about your injury, in writing. Employees have to report workplace injuries within 30 days, and having a record of it in writing can help if you receive a denial of benefits.
• Seek medical treatment: Get medical attention, even if your injury seems minor. Your employer’s workers’ compensation insurer may require you to see an approved doctor, as well. Failing to seek treatment could jeopardize your eligibility for workers’ compensation benefits.
• Document the incident: Take your own notes of what happened, including the date, time, location, and circumstances of the injury. Any documentation of your injuries and how they occurred can help your attorney build your claim or personal injury lawsuit.
• File a workers’ compensation claim: Filing a workers’ compensation claim may allow you to access benefits for reasonable medical expenses and lost wages while you recover. Be sure to follow up with your employer or their insurance carrier to check on the status of your claim.

You have the right to consult a Florida work accidents attorney before filing your initial workers’ compensation claim. An attorney can help if benefits are denied or if a third party is involved.

How Long Do You Have to File Workplace Injury Claims?

Florida sets strict deadlines for filing workplace injury claims, and any missed deadline can contribute to a denial of benefits.

For workers’ compensation claims, Florida law generally requires you to report your injury to your employer within 30 days of the incident.

Once reported, the formal claim must be filed promptly with the employer’s insurance carrier. While this process is separate from a lawsuit, timely reporting is critical to receiving benefits.

How Long Do You Have to File a Personal Injury Lawsuit?

If a third party, such as a contractor or equipment manufacturer, contributed to your workplace accident injury, you may also have grounds to file a lawsuit. Under Florida Statutes § 95.11(5)(a), the deadline for filing a personal injury lawsuit is generally two years from the date of the injury.

Failing to act within the two-year statute of limitations can bar you from pursuing a lawsuit for damages. Consulting a Florida work accidents lawyer early in the process ensures you stay within the required timelines and protect your legal rights.

If a Co-Worker Caused Your Injury, Our Florida Attorneys Can Help You

At The Schiller Kessler Group, we understand that workplace injuries can leave you wondering about your rights or what happens if a co-worker causes your injury.

Our attorneys can explain your options, whether it involves filing a workers’ compensation claim or pursuing additional legal action.

With over $250 million recovered for our clients and over three decades of experience, we’ve helped thousands of Florida injury victims secure the compensation they deserve. Contact The Schiller Kessler Group today for a free, no-obligation consultation.