QUESTION
Can I sue my employer for injuries after being attacked at work? How?
Asked on Sep 14th, 2015 on Labor and Employment - Wisconsin
More details to this question:
I was attacked at work by another employee. I defended myself. My job fired us because of this. I have witnesses that can defend my position in this. Can I sue my employer for injures incurred to my arm and back? Thanks.
11 ANSWERS
Normally, you can not civilly sue your employer for a work related injury, but you can in California if the employer ratified the assault and battery by the co-employee. If the evidence is clear that you merely defended yourself with reasonable force [and did not continue the fight when the co-employee was no longer a threat], then your being fired probably would not be considered ratification since they fired the co-employee. It is possible there was a breach of contract by the employer in firing you, but you would have to prove their was no grounds to do so. If the employer created a hostile work environment and that resulted in the other employee attacking you, you might have a case, but you need to see some local personal injury attorneys to see if you do have a case and whether it is worthwhile. Under Workers' Compensation law, the employer has to pay for your reasonable medical bills and the time you were unable to work, but may be entitled to an offset in any civil suit for similar benefits already paid?
Answered on Sep 15th, 2015 at 7:26 PM
Ronald A. Steinberg
Workers compensation. Go after the other guy by filing a criminal case.
Answered on Sep 14th, 2015 at 8:09 PM
James Eugene Hasser
Your exclusive remedy against your employer for an on the job injury is for workers compensation benefits. There is a possibility that you might be able to get that. Talk to an experienced worker's comp lawyer.
Answered on Sep 14th, 2015 at 6:32 PM
Lisa Hurtado McDonnell
I don't think so. Company are only responsible if they were negligent. Did they know about the other person was violent? Sound like you can sue the other person for injuries but I don't know enough to about the fight to determine if the company was negligent.
Answered on Sep 14th, 2015 at 5:51 PM
Edwin K. Niles
You seem to have two potential claims: Workers comp for the injuries, and wrongful discharge for the loss of employment.
Answered on Sep 14th, 2015 at 5:39 PM
Did you go to the police? You can sue, depending on what happened, where and when. Talk to an attorney.
Answered on Sep 14th, 2015 at 4:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends, see an attorney immediately.
Answered on Sep 14th, 2015 at 3:48 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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No, workers compensation is your remedy. Seek out a Board Certified Claimant's Worker's Compensation attorney, not one who represents, employers and their insurance companies.
Answered on Sep 14th, 2015 at 3:48 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Can you describe the medical attention that you had as a result of the incident. You may be able to pursue a workers' compensation case against your employer, but that would depend on the facts of your case.
Answered on Sep 14th, 2015 at 3:36 PM
Your sole remedy for an on the job injury is a WORKERS COMP CLAIM. Yes, you may sue your employer, but you will not win. You may sue the co-worker, but not the employer. You should be eligible for unemployment comp, but you will need an attorney to win.
Answered on Sep 14th, 2015 at 3:35 PM
Contact your former employer to make a worker's compensation claim with its insurer.
Answered on Sep 14th, 2015 at 3:34 PM