horseplay at work

[zest4life]

I was injured at work and had to have major back surgery due to another employees horsplay that I was not involved in. I am currently recieving wc. Im in Misissippi. Do I have the right to persue a personal injury suit againts the employee that caused my injury?

[1171]

yes. parties other then the employer are not protected by an employers work comp insurance.

P.S. the work comp carrier is entitled to reimbursement for it's costs from any recovery.

[jayne]

and to be honest does that other employee have a pot to pizz in and would their be anything left after WC got all their money back? Talk to BadBoy on here he got a 7 leval cervical fusion caused by horseplay at work he may have more answers for you

[jaspell]

The answer to that really depends on the case law in your State. Check with a lawyer for sure. My hunch is you cannot sue a fellow employee. In Connecticut you would not be able to unless it was asa result of a motor vehicle accident.

Jim

zest4life Wrote:I was injured at work and had to have major back surgery due to another employees horsplay that I was not involved in. I am currently recieving wc. Im in Misissippi. Do I have the right to persue a personal injury suit againts the employee that caused my injury?