People can sustain injuries while working due to adverse weather, machinery malfunctions or other simple mistakes. In situations where it is clear that no one person is directly responsible for an on-the-job incident, an employee may feel confident about requesting workers’ compensation benefits to replace lost wages and pay for their medical care.
Other times, there may be a degree of uncertainty about who is at fault and who is liable for work-related injuries. In some cases, it is clear that neither the injured worker nor their employer is responsible for the incident.
If a co-worker shows up to their job intoxicated and causes an injurious incident due to their chemical impairment, who is financially responsible for the injuries caused by their misconduct or professional negligence?
The employer could be liable
The legal doctrine of respondeat superior makes an employer liable for negligence on the part of an employee who is on the clock. Vicarious liability for the worker’s misconduct or negligence passes to the employer, making the company technically liable for the incident.
However, compliance with workers’ compensation regulations protects employers from lawsuits related to work injuries. An employee can’t sue their employer because a co-worker caused their injuries in most cases. Those hurt by a drunk coworker may need to file a workers’ compensation claim instead.
Reporting an incident to management, seeking professional medical care and working with an attorney are all important steps to take when managing the aftermath of an injury caused by a co-worker’s negligent conduct. Those injured on the job typically have access to no-fault workers’ compensation benefits even when it is clear someone else is directly responsible for their injuries.