Can I sue the company if I was attacked my a co worker? 24 Answers as of October 28, 2011

I was a head chef at a summer camp and was attacked by one of my cooks and lost teeth and suffered several lacerations to my face. Can I sue the company I worked for?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Yes, it will be covered under workers' compensation. Your employer must provide all medical care, lost wages, and a final settlement based on the injury to the body part.
Answer Applies to: Missouri
Replied: 10/6/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
You may have a workers compensation claim. You cannot sue your employer.
Answer Applies to: New York
Replied: 10/28/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Probably not. Intentional assaults are not something done in the course and scope of employment.
Answer Applies to: Washington
Replied: 10/6/2011
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence, and employers are not liable for intentional assaults of their employees. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability.
Answer Applies to: New York
Replied: 10/6/2011
AyerHoffman, LLP
AyerHoffman, LLP | David C. Ayer
Whether you can sue your employer depends on where and when your co-worker attacked you. You may be covered by workman's compensation. You should consult with a personal injury attorney to determine if you can sue in civil court. You should retain a workman's compensation attorney to file a claim for compensation.
Answer Applies to: Massachusetts
Replied: 10/5/2011
The Unger Law Firm
The Unger Law Firm | Jeffrey Unger
There is a possibility to sue the company for injuries you received if the company knew, or should have known, the other employee had this violent predisposition. It is also possible that you have a Worker's Compensation claim as well. I would strongly suggest that you contact a firm such as mine that is experienced in both personal injury and worker's compensation matters.
Answer Applies to: Missouri
Replied: 10/5/2011
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
Since you were injured on the job, you can not sue your employer. You are entitled to worker's compensation for your injuries regardless of whose fault or negligence it was that caused your injuries.
Answer Applies to: New York
Replied: 10/5/2011
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
If it happened while you were on duty, it should be covered by Workers' Compensation. File a claim for your dental and medical expenses ASAP. If the employer has WC coverage, they are covered and you cannot sue them directly. If you and a coworker were offduty, drinking and then the fighting occurred, it would not be covered by WC.
Answer Applies to: Montana
Replied: 10/5/2011
Garruto & Calabria, LLC
Garruto & Calabria, LLC | Andrew F. Garruto
It's not a lawsuit, but a workers' compensation claim regarding your employer. You seem to have a lawsuit against the cook who attacked you.
Answer Applies to: New Jersey
Replied: 10/5/2011
LT Pepper Law
LT Pepper Law | Luke T. Pepper
If the company knew that the person was dangerous, you could potentially sue. More than likely and depending on the state, the injuries would be covered by worker's compensation.
Answer Applies to: Pennsylvania
Replied: 10/5/2011
    The Kelly Law Firm, P.C.
    The Kelly Law Firm, P.C. | L. Todd Kelly
    Perhaps. If the company knew of his violent propensities and kept him on. There are some tricky issues when suing your employer.
    Answer Applies to: Texas
    Replied: 10/28/2011
    The Margolis Firm
    The Margolis Firm | Charles J. Candiano
    If you were injured within the course and scope of your employment, the answer is NO because Worker's Compensation is your exclusive remedy. Provided that you were not the aggressor, you are entitled to all necessary medical care, including replacement of your teeth, pay for any time during which you could not work by doctors order, and Compensation for the permanent injury to your body. You should consult an experienced Worker's Compensation attorney as soon as possible.
    Answer Applies to: Illinois
    Replied: 10/5/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Generally speaking, no. Employers are generally immune from the "intentional acts" of their employees. However, in pursuing your legal options against your attacker you may find that your attacker was a real piece of work and then you may find that if the employer knew or had reason to know of your attacker's violent tendencies or otherwise unsavory character attributes, you may then have a case. It is all about what the employer knew or should have known and whether they did or did not do anything to solve and/or prevent the incident from happening.
    Answer Applies to: New Jersey
    Replied: 10/5/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You may have a valid claim against the employers if they knew or should have known of your co-worker's violent propensities. You should contact an attorney.
    Answer Applies to: Oregon
    Replied: 10/5/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    You might have a claim for workers compensation, but the employer will probably argue that attacking others was not part of the employee's job duties. You have a case against the employee, and if you can show that the employer was negligent you might have a case against the employer. You should contact an attorney to see if there is a chance of suing the employer.
    Answer Applies to: Utah
    Replied: 10/5/2011
    Wooten, Kimbrough & Normand, P.A.
    Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
    You may be able to sue the company, but most likely workers compensation laws will provide a remedy to you. Because each case has specific circumstances that effect what laws apply, you should contact an Orlando Personal injury attorney who can review all of the facts and make recommendations to you.
    Answer Applies to: Florida
    Replied: 10/5/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    You can as long as the attack was not caused by personal animosity and you did not start or participate in it.
    Answer Applies to: Alabama
    Replied: 10/28/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Consult with a plaintiff's personal injury lawyer for advice and direction regardingliability and compensation for your injuries and teeth loss. Negligence by your employer has to be found before the company can be held liable. Who and what initiated the fight between you and the co-worker? Perhaps, you can seek to be compensated under your company's insurance coverage and/or its worker's compensation provisions.
    Answer Applies to: Indiana
    Replied: 10/5/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    You can certainly sue for workers' compensation benefits. However, if the employer can establish "that the injury arose out of a dispute.over matters unrelated to your employment" then your claim will be defeated.
    Answer Applies to: Louisiana
    Replied: 10/5/2011
    Law Office of Mark P. Miller | Mark Miller
    Possibly. Was the co-worker known (either at the time of hiring, i.e. a history of assaultive criminal behavior or during the course of his employment) or should have been known to the company as dangerous person with a propensity to attack someone? If not, then you probably won't prevail. But you can certainly try and another attorney might give you a different opinion. You would have a cause of action against the cook for the attack. If there is a criminal case you can contact the D.A.'s office and contact Victim Witness and put in a claim for reimbursement.
    Answer Applies to: Colorado
    Replied: 10/28/2011
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    Your remedy is workers' compensation benefits. Under Colorado's law, intentional injuries are covered by workers' compensation, and that also prevents you from suing your employer directly.
    Answer Applies to: Colorado
    Replied: 10/5/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If this was an accident in the course and scope of your employment it is covered by worker compensation insurance. Make sure your supervisor knows, and that the claim is reported. They should direct you to medical care if they have not.
    Answer Applies to: North Carolina
    Replied: 10/5/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    No, but you can make a workers compensation claim in Florida, that is your exclusive remedy against your employer.
    Answer Applies to: Florida
    Replied: 10/5/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    This is a workers compensation claim; you may also bring a claim against the person who attacked you but you will have to reimburse the workers compensation lien for any awards you receive in the comp case.
    Answer Applies to: Connecticut
    Replied: 10/5/2011
Click to View More Answers:
12 3 Free Legal Questions