You Can File a Workers’ Compensation Claim Even if Your Coworker is to Blame

Protecting your rights when a coworker causes your injury

Most people know that their employers are responsible for keeping the workplace safe and accessible for their workers – but what happens when a colleague causes your injury? Here at the Rocky McElhaney Law Firm, we’ve helped people just like you who were injured at work because of a coworker’s negligence. We guide you through the process of filing for workers’ compensation, and we fight aggressively for your right to collect if your claim was denied. You can trust in us, as so many people throughout Tennessee have done before you, to protect you from start to finish.

Accountability and third party claims

If you were injured at work, you can file for workers’ compensation – period. It doesn’t matter if a coworker is to blame for your accident or not; under the law, any person injured on the job may file for benefits. These benefits can help you pay for your medical bills, and make up for your lost wages. Workers’ compensation is generally a no-fault system, so your employer does not have to be responsible for your injury.

However, there are instances where the responsibility for your injury is two-fold. For example: let’s say your coworker was driving a forklift recklessly. He sped towards you, and when he went to hit the brakes they failed, and you were pinned under the machine. In a case such as this, your coworker is directly responsible for your injury; however your employer, whose responsibility it is to ensure that the machinery is in proper working order and safe to use, may also be responsible – both for failing to inspect the equipment and/or for failing to intervene while your coworker was behaving recklessly on the job. In these cases, we can file a third party claim against your employer for additional damages.

A third party claim can be used for:

  • Additional medical bills, including any required therapy
  • Out-of-pocket expenses
  • Pain and suffering (which cannot be claimed under “regular” workers’ compensation)
  • Total lost wages (unlike workers’ comp, which only provides a percentage of your wages)

Here at the Rocky McElhaney Law Firm, we know what it takes to build and win a case for workers’ compensation. We have the skills and experience necessary to take on complex third party claims, and the resources to make that case virtually air-tight.

Don’t let a negligent worker keep you from filing a workers’ compensation claim

If you were hurt on the job, the attorneys at the Rocky McElhaney Law Firm in Nashville can help you get the compensation you need to recover. We are particularly adept at filing third party claims when both a coworker and your employer are responsible for the injuries you sustained. Please call 615-425-2500 or fill out our contact form to schedule a free initial consultation with one of our team. In addition to Nashville, we proudly serve clients in Hendersonville, Kingsport, Knoxville, Columbia, Chattanooga, Murfreesboro and Memphis.