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Can I file a lawsuit against a coworker whose negligence caused my work injury?

No. Workers’ compensation is your exclusive remedy for negligent acts of coworkers. If you are injured as the result of a negligent act of your coworker, you can recover workers’ compensation benefits from your employer. In general, you cannot file a tort action against the coworker or your employer.

You may file a suit against your coworker if you can show the coworker committed an intentional wrong. To constitute an intentional wrong, the coworker must act with substantial certainty that their conduct would injure you.

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The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.