A workplace injury does not always happen because of a dangerous condition or something you did yourself. A coworker’s mistake could cause the accident. When another employee causes your injury, you may wonder if workers’ compensation still applies.
Here are the key factors you should know.
Fault usually does not determine workers’ comp coverage
A coworker’s mistake or carelessness does not by itself stop you from getting workers’ compensation benefits. For example, a coworker might accidentally drop a heavy tool that hits you or make a mistake while using work equipment. Their error alone does not decide if you can get benefits.
Instead, the key issue is the link between your injury and your work.
California workers’ comp follows a no-fault system
You usually do not have to prove that your employer or coworker acted carelessly before you can get benefits. California Labor Code Section 3600 says the injury must arise from your employment and happen during the course of your work.
This rule lets the workers’ compensation system cover many job-related injuries without requiring you to prove who caused the accident.
The circumstances of the incident can affect coverage
While you generally do not have to prove your coworker’s negligence to get workers’ compensation, the reason for their actions can still affect whether your injury counts as work-related.
Suppose a coworker hurts you on purpose because of an argument about a personal matter. That reason could affect whether workers’ compensation covers your injury. California decisions have found that a purely personal assault can break the link between the job and the injury.
Review the circumstances before deciding what applies
A coworker causing your injury does not by itself decide if you can get workers’ compensation benefits. What happened, why it happened and how it relates to your work can all affect the answer.
Reviewing the incident with an attorney can help you understand how California’s rules apply to your case and whether you have a basis for seeking benefits.