Workers Comp Benefits if Another Employee Injures You

Every now and again, one of our Atlanta workers comp lawyers meet with a client who suffered a unique type of injury at work. Usually, our clients were hurt while they were performing their job. Perhaps a faulty piece of equipment cut them or hurt their leg. Someone who drives for living may have gotten into a motor vehicle accident on company time. That’s the type of case we are used to dealing with. However, you may have gotten into to work not because of what you do but because of who you do it with.

If you were injured during a confrontation at work, you will face a much harder road toward receiving workers compensation benefits. Not only will you have to prove the normal criteria for benefits, but urine Lance injury lawyers will also need to prove that the altercation had nothing to do with your personal life. For example, if a coworker is having a bad day and slammed into her that happened to break your wrist, workers compensation would probably cover your claim. If, however, you were in the work parking lot on a 15-minute break and one of your coworkers came up even punched you in the face you may not qualify for benefits. If you’re injuring a rose out of what you do for a living, and as long as you were within the scope of your normal employment at the time of your injury, you will likely receive benefits.

Workplace Confrontations are Not as Common as You May Think

It may seem like this kind of thing happens all the time. However, it’s very rare for one of our Atlanta workers comp lawyers to represent somebody who was hurt by another employee. One reason why we don’t see many cases like this is because most employees would never think to file for workers compensation after this kind of incident. Or perhaps their claims are denied early, and they don’t think to contact an Atlanta injury lawyer. This is why it’s really important when we do get a case like this that our client be upfront and honest with us. The last thing you want to do is have your attorney be blindsided halfway through your case

It Will Probably Turn Into a “He Said, She Said” Issue

. One other issue with your workers compensation claim is that it will turn into a he said, she said debate. You’re going to claim that your coworker injured you. Not surprisingly, your coworker will say that you’re the one who started the altercation. What most people don’t realize is these types of arguments will only make your employer more likely to deny your claim. The minute that both parties start talking about fault or who “started it,” you’re giving away the fact that it was a personal altercation and had nothing to do with your job.

Your Atlanta Injury Lawyer Will Have to Prove That You Meet the Criteria for Workers Comp

If our Atlanta injury lawyer thinks your case is worth taking further, they will have to prove that you meet the basic criteria for workers compensation. We usually have a good feeling during the initial consultation as to whether the client is telling us the truth or not. We must take you for your word because there’s little documentation involved in cases like this. You will have to work with their attorney in order to prove that you meet the following requirements:

  • your injury took place on company time and on company property
  • you are not under the influence of drugs or alcohol at the time of your accident
  • you are willing to submit to a drug test prior to medical treatment
  • you report your accident within 30 days
  • you agree to be treated by a state- approved workers compensation physician
  • you are not working a second job while collecting workers comp benefits

If your Atlanta workers comp lawyer can prove that you meet these criteria, then there’s a good chance you’ll receive the benefits even waiting for.

Your Employer Will Look at Your Personnel Records Carefully

One thing that keep in mind is that your employer is not going to just walk away and be happy to pay your claim. They’re going to do some heavy digging into your personal records to see if you have any prior incidents that required disciplinary action. Your employer will look to see if you haven’t written up in the past for insubordination, policy violations, or attendance issues. They will also look to see if anything showed up on your criminal background check when you were first hired. If you had a relationship with the other coworker outside of work, there is a good chance that your initial claim will be denied.

You Should At Least Meet with a Seasoned Atlanta Workers Comp Lawyer

If you were hurt at work at the hands of another employee, you should still qualify for workers compensation. It will all come down to whether your Atlanta workers comp lawyer can demonstrate that you meet the requirements for workers comp. In a situation like this, the main hurdle that your attorney is going to face is proving that the altercation arose while you were doing your job. For example, if you and the other employee had problems outside of work and you just happen to have an altercation in the break room, you’re not going to qualify for workers compensation. Short of that, however, if you meet the basic criteria your Atlanta injury lawyer will have a chance of getting you the benefits that you deserve.

Because this case will be more complicated than your run-of-the-mill workers compensation case, you don’t want to handle this on your own. You’re much better off having an Atlanta workers comp lawyer by your side to negotiate with the insurance company as well as your employer. Our attorneys have decades of combined experience dealing with workers comp cases and we are not intimidated by the insurance companies. Our goal is to get you benefits if you deserve benefits. If, after meeting with you, we don’t believe that your case has merit, we will let you know. We’re always up for an honest with a potential client and would never want to get somebody’s hopes up unfairly.

What we recommend is that you contact the office and schedule your free, initial consultation. You can meet with one of our attorneys and no charge and ask them any questions you might have. They will also review your claim and let you know how they think you should proceed.