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What if the injuries were caused by a co-employee?

A: Generally, you can not allow bringing a claim against your employer for negligence because the workers' compensation system is the exclusive remedy against an employer.  However, if the injuries are caused by someone else who works for the same employer, it is possible that there is a gross negligence claim against the co-employee.  In order to prove gross negligence of a co-employee you have to prove that the co-employee has (1) knowledge of the danger to be apprehended; (2) knowledge that injury is a probable, as opposed to a possible, result of the danger; and (3) a conscious failure to avoid the danger.  If you are able to prove gross negligence against a co-employee then you can recover damages for past and future loss of quality of life (also known as pain and suffering), past and future loss of full mind and body, past and future lost wages, medical expenses, etc.  For more information on the damages available click here, the damages available are similar to damages available in personal injury accidents such as a dog bite.