QUESTION
Can I skip the worker’s compensation and sue the employer after being attacked by a co-worker resulting facial fractures?
Asked on Sep 21st, 2012 on Personal Injury - Montana
More details to this question:
First, I am not willing to settle for the meager "benefits" afforded by any state-sponsored uninsured employer’s workers compensation fund. I was attacked by a co-worker at work with a metal object. I had surgery on to repair the multiple facial fractures. I have filed a police report against the attacker and am seeking an aggravated assault charge. My employer (the president and CEO of the 8 or 10 employee company) has during this time off from work called me at home to harass me about the incident, exacerbating my injuries. He has threatened not to pay any of my bills, has stated I should have fought him back "like a man", "picked up something and hit him", has called me a "pansy", etc. He also refuses to terminate my attacker because "he needs both of us there". The owner is definitely fostering and even promoting violence in the workplace and extremely hostile working conditions. The owner has full-knowledge of the attacker's sordid history including multiple anger-management classes, a very recent assault charge he plead guilty to, a felony involving getting drunk and "shooting up a town" with a rifle and stormy relations at home with his "woman" which nearly always results in the attacker transferring those problems to work. According to the owner himself, the attacker brought his problems from home to work the day of the attack.
17 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No.
Answered on May 22nd, 2013 at 2:10 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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I cannot answer your question ("Can I skip the worker's compensation and sue the employer after being attacked by a co-worker resulting facial fractures?") with a definitive answer as I am somewhat confused as you mention a "state-sponsored uninsured employer's workers compensation fund" but also state that President/ CEO has "threatened not to pay any of my bills." In Nebraska, the general rule is if a company did have workers' compensation insurance (or was self-insured as set forth by Nebraska law) at the time an employee is injured, the employee only claim against the company is under workers' compensation law. This rule applies to the company itself as well as its officers, directors and employees. If your employer was required to carry workers' compensation insurance and failed to do so then you might be able to sue the company for your injuries outside of workers' compensation. The key to whether you can sue your employer is whether it was insured. The President/CEO is protected by workers' compensation, assuming the company carried workers' compensation insurance, even if he knew that you were likely to be assault. You may, although it is unclear, may have a claim of retaliation or harassment against the President/CEO for his actions and comments after you were injured. You can sue your co-worker outside of workers' compensation as there is an exception to this general rule, mentioned above, if an employee is injured by a co-worker during a "willful and unprovoked" assault. I would suggest contacting a workers' compensation attorney about your case who can give you more information about your rights and options after learning more about what happened to you.
Answered on Oct 04th, 2012 at 8:08 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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In my opinion, yes, you can. Your injury is, arguably, not "work-related" in the strict sense, and not subject to worker's compensation. But, even if it is, you have stated a couple of causes of action against your employer that have nothing to do with worker's compensation. So, yes, you can sue the attacker (civilly, in addition to your criminal complaint), *and *the company, and the president of the company, personally.
Answered on Sep 28th, 2012 at 12:49 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Sue the other worker and see an experienced workers' compensation attorney.
Answered on Sep 27th, 2012 at 1:22 AM
Yes, you can, but you have to prove that you did not initiate the fight or attack which caused your facial fractures and prove through medical and other documentation your injuries and damages.
Answered on Sep 27th, 2012 at 1:19 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Workers comp is ordinarily your exclusive remedy for injuries sustained on the job. I do not see an exception here. You should consult a workers comp attorney to see if there is any exception that you can rely upon.
Answered on Sep 27th, 2012 at 1:12 AM
Accidents Attorney serving Blue Springs, MO
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Blue Springs Law Office LLC
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You should consult an attorney experienced in these matters to go over all the facts with you and determine your best legal course. It sounds as though you have multiple causes of action against multiple defendants in multiple venues (i.e. criminal, civil, and administrative). The specific answer to your question is complicated and very fact-specific.
Answered on Sep 26th, 2012 at 9:50 PM
Civil Litigation Attorney serving Gadsden, AL
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Ford, Howard & Cornett, P.C.
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Based on the facts presented in your question, you have a valid co-employee claim against your co-worker. Under Alabama law, a co-employee claim is in addition to any claim against your employer (whether for work comp benefits or otherwise). You should consult with an attorney experienced with co-employee claims. Most attorneys will provide a free initial consultation with no obligation.
Answered on Sep 26th, 2012 at 12:42 AM
Did you RECORD your boss at all? Too bad. You SUE your attacker and if boss instigated this attack, or is covering up . . . you sue the boss and maybe company.
Answered on Sep 26th, 2012 at 12:24 AM
Ronald A. Steinberg
You would have to prove that the employer knew that the co-worker had a history of doing things like that, and despite the knowledge, did not control him or fire him. Workers compensation is the sole "remedy" and to get outside of the act, you have to prove "gross negligence" or "willful and wanton behavior" of the employer (not the mental cretin who assaulted you). I would file a police action against him, however. Prosecute him for the assault; if he used anything that could be considered as a weapon, it could range from a felonious assault to something akin to attempted murder. Go for it!
Answered on Sep 26th, 2012 at 12:19 AM
You are entitled to both Worker's Compensation and deliberate intent damages under West Virginia law. Please consult a personal injury lawyer who handles workplace injuries.
Answered on Sep 26th, 2012 at 12:09 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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First you need to keep detailed notes of everything that happened (with the attacker and boss), everything that is happening (esp. with boss) and everything that will happen. Seek authorization to tape record phone conversations coming from the boss and anyone else who threatens you. Whenever an employee is injured on the job the employer is required to give you a claim form, simple document, that you return to be sent to the insurer. It seems like he had no insurance and that you are now stuck in the system. Does he have general liability insurance? I think you have a legal claim against the boss for negligent hiring and supervision of the co-worker. (Your claims are against the "employer" which is a corporation, partnership or sole proprietorship). As for the damage case against the boss there would be the issue whether the boss's harassment is personal behavior or can be pinned to the "employer."? You have a case against the perrson who caused the injury. You cannot get damages including "pain and suffering" via a civil suit for the consequences of a workers' comp. injury. You absolutely need the services of a competent workers' comp. attorney. He/she may well not know how to evaluate and pursue your civil case(s). So you will want to be a prudent shopper for legal assistance. The amount you eventually get depends a lot on the skill of the attorney. So be methodical!!
Answered on Sep 25th, 2012 at 11:50 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Normally, you cannot sue your employer. Your situation is a bit different. I think you can go after the employer (the corporation, not the CEO) for your comp claim and also sue your co-worker for the intentional tort of assault.
Answered on Sep 25th, 2012 at 11:49 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You cannot sue your fellow employees.
Answered on Sep 25th, 2012 at 11:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You MIGHT have a possibility, under the circumstances related, to get beyond or out of workers comp exclusivity. You sound engage an attorney to investigate you options. You also have a clear cause of action against your attacker, however it is doubtful that he would be collectable as it sound like he will shortly be incarcerated.
Answered on Sep 25th, 2012 at 11:41 PM
Commercial and Business Transactions Attorney serving San Mateo, CA
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Avialex Law Group, LLP
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You are allowed to file suit for intentional torts, which this sounds like. You do not need to rely solely on workers compensation. I recommend contacting an attorney who specializes in both workers comp and personal injury.
Answered on Sep 25th, 2012 at 11:40 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No you can't skip the WC. Your employer is virtually immune from any lawsuit.
Answered on Sep 25th, 2012 at 11:39 PM