Injury is always a possibility within the workplace, and many companies purchase workers’ compensation insurance for protection. If an employee is injured, he or she may be eligible to claim workers’ compensation for the medical, rehabilitation, and income lost from being injured at work. The benefits workers may claim assist in the recovery from an injury and help them get back to work.

Sometimes, employees are hurt on the job not from employers or their place of work, but from another employee. Are you still eligible for workers’ compensation if injured by another employee?

If a legitimate accident caused the injury, the answer is “yes.” Workers’ compensation does require fault. You are eligible to receive workers’ compensation benefits if the injury was your fault, your employer’s fault, or nobody’s fault. The purpose of the workers’ compensation system is to provide benefits to injured workers without needing to prove who was at fault for the accident.

Horseplay creates instances when an injury caused by another employee is not eligible for workers’ compensation. If the employee injured truly was not involved with the horseplay, he or she is eligible for workers’ compensation. The following occurrences are eligible for workers’ compensation claim:

Horseplay Caused By Another Employee

The workplace is not responsible for paying for injuries caused by horseplay. If an accident is caused by another employee and the employee injured had nothing to do with the horseplay, he or she qualifies for workers’ compensation.

Horseplay Endorsed By An Employer

If an employer encourages or watches the horseplay without stopping it and you are injured by another employee, you are eligible for workers’ compensation.

For more information about Workers’ Compensation Claims in Kentucky, visit

http://www.labor.ky.gov/workersclaims/Pages/Department-of-Workers’-Claims.aspx

Do you need to file a workers’ compensation claim? For a free evaluation of your case and further information contact The Bryant Law Center at lawteam@bryantpsc.com.