QUESTION
Can I file a lawsuit against the employee for assaulting me and for my injuries?
Asked on Sep 30th, 2013 on Personal Injury - New York
More details to this question:
I’m a police officer. While I was attempting to restrain a violent and combative person, an employee in my organization assaulted me from behind. She jumped on my back, pulling me violently by my neck and shoulders in an attempted to get me off the suspect. She was subsequently arrested and charged with assault, but not before, she had managed to injure my neck, back, elbow, and knee.
7 ANSWERS
If the Department employing both of you ratifies the conduct by not punishing the other person you could make a civil claim for negligent retention. This is a rare except to the California Workers' Compensation single remedy exception.
Answered on Oct 02nd, 2013 at 4:13 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Normally Your exclusive remedy for on the job injuries is in workers compensation. Even if you can sue the co-worker, which you might be able to sine it was an intentional act outside the scope of employment, unless the co-worker has assets from which a judgment could be collected, it would be a waste f time and money.
Answered on Oct 02nd, 2013 at 3:57 AM
Edwin K. Niles
Of course you can file a suit. But it also sounds like a workers comp case. You should get a free consultation with a P.I. lawyer.
Answered on Oct 02nd, 2013 at 3:36 AM
Ronald A. Steinberg
Of course you can sue. However, an intentional act like that is not usually covered by insurance, so after you get a judgment against her, you will have to hire a collection attorney to try and turn that judgment into money. Now, if the assault took place because she was "given, sold or otherwise provided with liquor when she was obviously intoxicated," you might be able to sue whoever provided her with the booze.
Answered on Oct 01st, 2013 at 4:24 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like a worker comp case.
Answered on Oct 01st, 2013 at 1:59 PM
James Eugene Hasser
Yes, but the question is whether you could collect. You're probably better off talking to the prosecuting attorney and get him or her to require that there be restitution paid as a part of any plea bargain or sentencing. Good luck.
Answered on Oct 01st, 2013 at 1:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, you probably could. Rather unusual, but given that evidence has already been put together, it might work. But: if the charges stick (let's say she pleads to harrassment) will she lose her job? And if she loses her job, how's she going to pay you?
Answered on Oct 01st, 2013 at 1:04 PM