You can have two attorneys working for you: one that handles the workers' compensation portion of your case and another that handles any claim against anyone other than your employer (your workers' compensation case is against your employer). These attorneys can work independently although it would make sense for them to share information and to discuss the cases as the workers' compensation cause does have an effect on the personal injury case. You do not have a personal injury case against your employer. An employee's only right to money for injuries against his or her employer is in workers' compensation. I cannot answer, with the information you provide, whether you have a personal injury case against the child that caused you injuries and threatened you. A lot would depend on your job and your job duties, his age, where the physical and verbal abuse occurred (such as his home or in an in-patient facility), his diagnosis and what his behavioral needs are as well as other information. If your job was to assist this child and he his behavioral problems are such that he does physically assault and verbally abuse people, you likely do not have a claim against him. His condition should have been known and expected. Again, while your employer may have been able to do more to protect you, that does not give you a personal injury case against your employer. With the information you provide I cannot identify any other person or entity you might have a case against. However, there could be situations in which you would have a personal injury case such as if you were sent to another facility, owned by someone other than your employer, to work with this boy and you were never told he could act out verbally or physically. You may want to talk to your current workers' compensation attorney and ask him or her what personal injury claim he or she thinks you might have.
Answered on Sep 14th, 2012 at 12:33 PM