QUESTION
I was attacked by a third-party assailant while at work who can I sue and what can I sue them for?
Asked on Aug 01st, 2013 on Criminal Law - Florida
More details to this question:
While at work, a third-party assailant attacked and injured me with a knife. I received workers compensation for lost wages and medical bills (as I understand, workers compensation benefits prevent me from suing my employer for those specific things.) Post-attack: My attacker (now a felon) has been convicted of aggravated assault for the crime. Workplace security was substantially beefed-up immediately after I was attacked. Who can I sue and what can I sue them for?
14 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sue the person who attacked you. Of course, he probably has no money. I don't see how you can sue your employer. If there was a guard service that did not do the job, you might have a claim against it.
Answered on Aug 02nd, 2013 at 4:11 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Can sue your attacker. Fat chance with a felon. Waste of time. Why sue your boss? You tired of your job? Sue him for what? Not putting a brace of security guards around you at all times to keep crazies from attacking you? Get serious friend.
Answered on Aug 02nd, 2013 at 11:51 AM
You can sue the person who stabbed you, but there would be no insurance coverage and they probably do not have an assets you could go after. You could get a small claims court judgment against them which would be good for ten years and can be renewed endlessly. I think your only remedy against the employer is WC, unless the employer gave them the weapon. You should check with some WC attorneys if you have a third party case against your employer and whether the employer would have credit right for any WC benefits already paid.
Answered on Aug 01st, 2013 at 8:02 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You may have a cause of action for negligence against the employer. You should talk to a personal injury attorney.
Answered on Aug 01st, 2013 at 6:04 PM
Yes, you can sue the third party, the assailant. But whatever you can collect from him you will have to pay back the workers' compensation insurance carrier for everything they have paid minus attorney fees and a pro rata share of litigation costs. And getting them to pay anything will be difficult. After all how many felons do you know that own substantial assets to pay for a judgement. Not many. So the litigation will probably not do what you think it will for you.
Answered on Aug 01st, 2013 at 6:01 PM
In addition to loss wages, you are entitled to a decent settlement for both physical and psychiatric injuries that you are suffering that is covered under worker's compensation laws. In many instances victims suffer more from?psychiatric trauma from an assault with a deadly weapon in comparison with physical injuries. So don't under estimate the psychiatric injuries.
Answered on Aug 01st, 2013 at 5:13 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue the attacker for medical bills, lost wages (workers comp will have to be reimbursed if you recover these) and pain and suffering. However, if the attacker has no assets, you would not recover anything if you win. In workers comp in addition to lost wages and medical bills, you can recover for any permanent impairment you suffered.
Answered on Aug 01st, 2013 at 4:58 PM
Thomas Edward Gates
You can sue both the employer and attacker. You cannot sue your employer for the injury, but they had a duty to protect you from harm and you can sue them for not doing so. Need more information about the event for suggested torts to sue the attacker with.
Answered on Aug 01st, 2013 at 4:54 PM
James Eugene Hasser
Obviously, you have a comp claim and a third party claim against the assailant. I've got to presume the assailant was working for another contractor. You may be able to go after the contractor employer as well, particularly if the contractor had pre-existing knowledge of the assailant's violent propensity. Consider consulting an experienced personal injury lawyer. Good luck.
Answered on Aug 01st, 2013 at 4:49 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can sue the assailant and probably get a judgment, but good luck collecting anything. Also, you would have to pay the comp carrier back.
Answered on Aug 01st, 2013 at 4:46 PM
Ronald A. Steinberg
Your only claim against the employer is workers compensation. You can sue the assailant, but 1) he's in jail and will probably be there for a while, 2) insurance (if he has any homeowners insurance) will not cover an intentional act so any money you could hope to get will come out of his pocket, but he will not be working or making any money until he gets out of prison, and 3) any judgment against him for the intentional act of the assault is NOT dischargable in bankruptcy, so you can garnish his wages, etc. for a long time.
Answered on Aug 01st, 2013 at 4:42 PM
James Edward Smith
You can only sue the attacker. Your employer is immune.
Answered on Aug 01st, 2013 at 4:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can sue your assailant. Other than that there are very few exceptions which allow recovery as a result of criminal activity.
Answered on Aug 01st, 2013 at 4:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The criminal who assaulted you, but what assets does he have? You can't sue your employer.
Answered on Aug 01st, 2013 at 4:37 PM