Can I sue my coworker and my employer?
“Can I sue my worker and my employer?” If you were injured at work because of a coworker, you may be able to sue your coworker and employer. Please feel free to give me a call to discuss because you may have a claim.
Typically, injuries on the job are exclusively governed by the North Carolina Workers Compensation Act. To initiate a claim, an employee notifies their employer of the injury by accident, and in accepted cases, benefits are provided under the Act. Generally speaking, an employee is unable to file suit, or sue, directly against their coworker.
For instance, a coworker and an employee are on a construction site. They are carrying some lumber across the job site. The coworker loses his grip and ends up dropping his end of the boards. The employee jars his back when the boards bang on the ground. The employee is able to file a claim under the Worker’s Compensation Act, but cannot sue his coworker.
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So, can I sue my coworker and my employer?
There is an exception. If an employee is injured due to the willfully, recklessly wantonly negligent, or intentional act of a coworker, an employee can sue their employer and coworker.
For instance, the facts in Pleasant v. Johnson are instructive. In Johnson, an employee was on a construction site. A coworker was driving the company’s work truck. The coworker thought it would be funny to scare the plaintiff, so he drove the truck to see how close he could get to employee without striking him. The coworker misjudged the distance and ended up hitting employee. The employee was able to file a claim under the Workers’ Compensation Act and file a claim directly against the coworker because of his actions. In other words, an employee can sue their employer and the coworker.
Please feel free to call to schedule an appointment if you were injured at work.
Brian Elston Law is devoted to helping the injured and their families. We are personal injury lawyers in Asheville, North Carolina. To learn more, call now or check out more information: