What would happen if you're injured at work by a fellow employee? Do you still have rights?
The only possibility that your workers' compensation claim could be denied is if the other employee "attacked" you or intentionally harmed you. We at Loney & Schueller don't see many cases of that, however, we do see instances where an employee is injured due to another employee's actions.
Such an example follows...
(from the StandardSpeaker.com)
A Pennsylvania Department of Transportation intern severely injured when a dump truck backed over him on a repaving job last summer has filed suit against the contractors.
He claims the incident caused him to incur hundreds of thousands of dollars in medical expenses.
Tyler J. Cummings, of 71 Elizabeth St., Pittston, has incurred medical expenses in excess of $323,600 since his body was crushed beneath the truck along state Route 29 in Hanover Township, according to the complaint.
The lawsuit names Bonavita Trucking Inc., of Meshoppen, Pennsy Supply Inc., of Harrisburg, Donegal Construction Corp., of Greensburg, and driver David J. Teetsel, of Meshoppen, as defendants.
The complaint, filed Thursday by attorney William F. Anzalone, alleges Cummings, a civil engineering student at Penn State University, was on a paid internship with the Pennsylvania Department of Transportation on Aug. 4 while the defendants worked on an $8.9 million repaving project on state Route 29 in Hanover Township.
According to the complaint, Donegal Construction, the milling sub-contractor on the job, was milling the road under direction of Penny Supply in preparation for the road to be repaved.
As work proceeded in the right lane of the highway near the Sugar Notch on-ramp, Teetsel, who was driving a Bonavita-owned dump truck to haul the broken asphalt off-site, began to back the truck down the highway without a working back-up signal or spotter, the lawsuit alleges.
Cummings, meanwhile, was walking on the berm along the road surveying the work when the truck hit him, according to the complaint.
Teetsel was "oblivious" that he hit anyone until another truck driver radioed him to say he had hit Cummings, who by that point was trapped under the truck, the complaint says.
As you can see, the at-fault employee did not maliciously attempt to injure his fellow employee, it was an accident. An accident that could have definitely have been prevented had the correct safety measures had been in place.
Why wasn't there a back-up spotter? Were the employees trained properly by their employer to always know to use a spotter? These are all questions that will be answered in the investigation.
What's most important is that the injured employee receives the compensation he's rightfully due!
If you've been injured while on the job, call Eric, Randy, and Sarah at 515-225-4485. Let us fight for you to get your rightful & proper compensation!