Injured By Your Co-worker? How To File For Workers’ Compensation Insurance Claim

When at work, injuries can be caused by anyone or anything at any time. If you’re injured at work by your co-worker, you can get compensation through a workers’ compensation claim or a personal injury lawsuit. In most cases, work-place related injuries are settled through a workers’ compensation claim. It’s important to understand the particulars of your state’s workers’ compensation insurance system because it may be your only way to receive compensation after a work-related injury. If your co-worker injures you, follow these 3 important steps to ensure your compensation claim succeeds.

1. Notify Your Employer

If you’re injured at work, immediately notify your employer. Your employer will document the occurrence and consult the relevant authorities to secure treatment for you if necessary. Not only will this ensure a quick recovery, but it will also trigger action to mitigate the cause of your injury, thus protecting other employees from suffering the same fate. Never hesitate to notify your employer because it may be difficult for you to prove you were injured at work especially if your employer tries to challenge the claim as most employers do.

2. Document The Occurrence

After notifying your employer, make sure you document the events and circumstances that led to your injury while they’re still fresh in your mind. Be sure to include any physical pain or distress, and how the injury limits your ability to perform your duties. Most importantly, include any treatments or medications you’re taking as a result of the injury. Usually, you’ll be called to explain the events that led to your injury to determine your legibility. If you don’t have this documented to help in refreshing your recollection, you may forget some important information that may negatively affect your claim. In most cases, your employer may document the events by interviewing your co-workers and other involved parties. Be sure to keep a record of this as you might need it in court settlement negotiations.

3. Fill Out A Work Injury Accident Report

Most states and employers have forms that you need to complete when filing for a workers’ compensation claim. If your employer does not provide you with a form, you’ll need to reach out to your state’s workers’ compensation board to obtain one. The form will include your personal information and the incident information. Typically, you’ll include the following on your form;

• Date, time, and location that the injury occurred. The location is important for determining whether you were injured while working or while outside your working environment.
• The extent of the injury. Be sure to include all affected body parts.
• How the incident occurred. Include details on what exactly caused the injury to indicate that you were actually injured while performing your employment duties.
• Who was involved? If your co-worker(s) is responsible for your injury at work, provide their personal information and details of how they caused the injury to occur.
• The medical treatment or any medications you’re talking to mitigate the effects of your injury. This is important in determining the value of your compensation.

Once you have completed the form to the best of your recollection, provide a copy to your employer and keep a copy for yourself. Most compensation policies require the victim to report a work-related injury within 30 days of occurrence. If this is not done, you may lose your chance to receive workers’ compensation benefits. Therefore. it’s important to begin the reporting process immediately you get injured at work. If you need assistance with filing a claim, you may need to consult with a workers’ compensation attorney to ensure you’re paid what you deserve.