Can I sue my boss if he physically assaulted me? 25 Answers as of June 10, 2013

Do I have a lawsuit if my boss (owner of company) got angry, threw something and it hit me, slicing my head above my eye and I had to get stitches?

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

Free Case Evaluation by a Local Lawyer: Click here
LT Pepper Law
LT Pepper Law | Luke T. Pepper
You can sue him for the assault as the incident is not covered by workers comp.
Answer Applies to: Pennsylvania
Replied: 5/27/2011
Bloom Gates Sigler & Whiteleather, LLP
Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
You may have a claim based on the facts that you have submitted. To investigate your claim further, contact an attorney and they can assist you.
Answer Applies to: Indiana
Replied: 5/25/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Of course you can and you should sue him and the company for a number of things. Speak to a personal injury attorney right away. Good luck.
Answer Applies to: New York
Replied: 5/13/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Probably. The question will be whether or not it is a personal injury action or workers comp claim. See attorney who handles both would be a suggestion. Need more information.
Answer Applies to: California
Replied: 5/12/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Yes. That would be assault and battery. You would need to weigh the potential damages against the potential costs, like losing your job. Although, you may not want to continue in such an environment anyway. You describe stitches which I assume will involve permanent scarring to the face. The case could have decent value. Be sure to allege negligence in the complaint. You do not want coverage denied on an "intentional acts" exclusion. I would recommend getting a lawyer. Stay well.
Answer Applies to: Alabama
Replied: 5/11/2011
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    Your boss is not entitled to any civil or criminal immunity by virtue of his position. He is liable to you for your injury, and has probably committed criminal assault as well. If you have not already done so, you may want to file a police report. Further, as an injury in the workplace, you are almost certainly entitled to workers' compensation benefits to cover your medical treatment. Depending on the structure of the company and your desired present and future relationship with your boss and the company, you may want to consider how far you want to go with this. If you and your boss are likely to remain employed together and with the same relationship, criminal prosecution or civil suit is likely to aggravate the already existing workplace problems. Depending on your analysis of this situation, you may wish to pursue only the workers' compensation aspect, but you may still want to file a police report to preserve all your options. It may be a good idea to consult with a lawyer as to the particulars of your situation and discuss each of these options.
    Answer Applies to: Ohio
    Replied: 5/10/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You can proceed based on workers compensation for sure; since the act was intentional you may also be able to pursue your boss.
    Answer Applies to: Connecticut
    Replied: 5/10/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Yes, of course, this is assault. The money would come from him though. The company would not be responsible for his intentional acts, unless he did not mean to hit you and it was an accident of sorts.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    The Kelly Law Firm, P.C.
    The Kelly Law Firm, P.C. | L. Todd Kelly
    Yes, and my firm does that type of work. Give us a call.
    Answer Applies to: Texas
    Replied: 5/9/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    There is a personal injury remedy for an assault. You can make a claim against your boss for the damages you sustained. Have you considered filing criminal charges against your boss? I think this is the starting point if you are serious about recovering for your injuries. There is even a Virginia statue that allows a compromise of criminal charges such as assault and battery by payment of damages. The agreement is then presented to the judge. Typically, the criminal charges are dismissed based on the compromise payment.
    Answer Applies to: Virginia
    Replied: 5/9/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can sue him for assault and battery for money damages (and probably should) you can have him arrested on a criminal charge of assault ( and should) I assume you are not concerned about the job.
    Answer Applies to: North Carolina
    Replied: 5/9/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes, that's one of the few things that's exempted from workers comp: an intentional act. I have a feeling that if you do sue him, though, you may be looking for a new job (if you aren't already).
    Answer Applies to: Florida
    Replied: 5/9/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes you can. He should be charged and convicted of the assault, then a case for pain and suffering would follow. Please contact me to discuss.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You have a workers compensation case and need to hire workers comp attorney.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Yes you can sue him for battery. Heres the definition: A battery is any intentional, unlawful and harmful contact by one person with the person of another. . . . A harmful contact, intentionally done is the essence of a battery. A contact is unlawful if it is unconsented to. (Ashcraft v. King (1991) 228 Cal.App.3d 604, 611 [278 Cal.Rptr. 900], internal citations omitted.) Heres the jury instruction for battery: 1300. Battery Essential Factual Elements [Name of plaintiff] claims that [name of defendant] committed a battery. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] [touched [name of plaintiff]] [or] [caused [name of plaintiff] to be touched] with the intent to harm or offend [him/her]; 2. That [name of plaintiff] did not consent to the touching; and 3. That [name of plaintiff] was harmed [or offended] by [name of defendant]s conduct; [and] [4. That a reasonable person in [name of plaintiff]s situation would have been offended by the touching.] Ordinarily injuries in the work place are covered by workers compensation. The following is from Labor Code section 3600: (a) Liability for the compensation provided by this division,in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558,shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes death, in those cases where the following conditions of compensation concur: . . .
    (7) Where the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.
    (8) Where the injury is not caused by the commission of a felony,or a crime which is punishable as specified in subdivision (b) of Section 17 of the Penal Code, by the injured employee, for which he or she has been convicted. It seems to me that the act by your employer would not be in the ordinary course of your employment and would fall outside of workers compensation if either or both subsections (7) and/or (8) apply. Thus, you should be able to sue your employer and your boss.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of William R. Falcone, Esq.
    Law Office of William R. Falcone, Esq. | William R. Falcone
    Yes. You have an injury claim. The conduct was intentional, criminally negligent or reckless and should be outside the scope if worker's compensation. I would see a personal injury lawyer for a consultation.
    Answer Applies to: Colorado
    Replied: 5/9/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    There are aspects to this that might merit a claim against your boss, but it depends a lot on what the laws in your state regarding suit against your employer are. You need To speak to an attorney that is familiar with personal injury and workers compensation.
    Answer Applies to: Washington
    Replied: 5/9/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney