Some job injuries involve accidents wherein no one is directly at fault. Other times, it may be clear that one party is primarily responsible for an incident. If a tool fails on a job site, for example, a machinery rental company could be liable for poorly maintaining the device or a manufacturer might be liable for producing a defective product.
Even if the cause of an incident is outside of a company’s control, workers’ compensation coverage still applies. Employees are usually still eligible for workers’ compensation benefits even in cases where employers can show that they were to blame for an incident.
What options do injured professionals have in cases wherein a co-worker is at fault for their injuries?
No-fault coverage still applies
The good news for those injured due to a co-worker’s negligence or mistakes is that workers’ compensation coverage is usually still available. Technically, liability for employee errors generally passes to an employer, making them vulnerable to litigation.
Employers have indemnification from direct liability for most worker injuries under workers’ compensation rules. Workers’ compensation, rather than the employer, pays to replace lost wages and covers medical care expenses.
Those hurt because a coworker makes a mistake while on the clock may be eligible for the same health and disability benefits as those hurt due to machinery malfunctions or slip-and-falls. There is no need to prove who was at fault to establish eligibility for coverage.
Reporting an incident and then filing a claim for workers’ compensation benefits can help employees replace the lost wages and secure the medical care they need for on-the-job injuries. Even when coworkers are clearly to blame for an incident, an employee can generally rely on no-fault workers’ compensation coverage to offset their major expenses.
