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“I Was Injured by an Intoxicated Coworker – What Should I Do?”

People who are addicted to drugs or alcohol may work when high or drunk – which can pose serious safety risks.

Almost 21 million Americans struggle with addiction. People who are addicted to drugs or alcohol may work when high or drunk – which can pose serious safety risks, especially in construction, manufacturing, or logistics.

alcohol next to scales of justice

If an intoxicated coworker has injured you, you may be wondering what your rights are. Can you collect workers’ compensation

The great thing about workers’ compensation insurance is that it’s a type of “no-fault” insurance. If you’re injured at work, you’re covered. It should generally be that simple. Still, you need to know what to do to get the best outcome for your case after an intoxicated coworker injures you.

1. Get Medical Attention, If Necessary

If you are seriously injured, the first step is to go to the hospital to treat your injuries. This ensures the best possible outcome for your injury and helps establish a paper trail and proof of your injuries, which will help if your workers’ compensation claim is contested.

2. Report The Incident

Typically, you must notify your employer in writing about the incident within 30 days in Missouri. File your incident report as soon as you can. This will let you get the ball rolling on filing for workers’ compensation. 

3. File For Workers’ Compensation 

Once you’ve reported your incident, you can generally file for workers’ compensation. Workers’ compensation will provide you with compensation for lost wages, medical bills, and other such costs, depending on your situation. 

4. See Your Company’s Doctor To Get Further Assistance

Once you’ve filed workers’ compensation, your employer and their insurance company can choose the doctor you visit for medical care. You should visit their selected doctor. Continue to get medical care as directed, or you may lose your workers’ compensation benefits.

5. Consider Filing a Personal Injury Lawsuit for Further Damages

While you generally cannot sue your employer after you file workers’ compensation, it may be possible to sue a coworker for personal injury caused by their negligence.

However, it’s important to note that, even if you win, it may not be possible to recover the full entitled damages from the responsible individual, depending on their financial situation. Bear this in mind before pursuing a personal injury case.

Get Help From a Missouri Work Injury Attorney & Understand Your Options

Whether your workers’ compensation claim is being contested or you’re considering further legal action like suing your intoxicated coworker, it’s important to have the help of an experienced team of Missouri work injury lawyers

The Law Office of James M. Hoffmann can help you get the assistance you need to maximize your compensation after a work accident in Missouri. Get in touch with us 24/7 for a free case evaluation.

Get FREE Legal Advice

Call today to speak with an experienced Missouri workers compensation attorney!

Call (816) 399-3706
Updated: August 20, 2021

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