Negligence from a Co-Worker
If you are injured on the job, you are entitled to workers compensation but you lose the right to sue your employer for monetary damages or pain and suffering. The only exception is if your injury was caused by a third-party source, such as a worker for another company creating a dangerous situation or the manufacturer of a defective device that led to your injury. In all other cases, both the negligent co-worker and the employee are protected against law suits because workers compensation is a no-fault system. This means that you will be awarded benefits, regardless of the negligence from an employer, a co-worker, or even yourself (unless you were under the influence of drugs or alcohol, committing a crime, or violating a company policy during the time of injury).
It’s natural to be angry with the negligent co-worker who caused your work-related injury, but the important fact is that he or she didn’t intend to cause harm. Workers compensation protects the negligent co-worker from being sued while providing you the benefits you need in order to recover to the best of your ability. Because your life has been restricted, and because the law protects those also on the job, your best avenue of recourse involves receiving the best benefits for your situation. Consider talking to an experienced workers compensation attorney to review your options.