Can I sue my employer for injuries after being attacked at work? How? 14 Answers as of September 15, 2015

I was attacked at work by another employee. I defended myself. My job fired us because of this. I have witnesses that can defend my position in this. Can I sue my employer for injures incurred to my arm and back? Thanks.

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Law Offices of George H. Shers | George H. Shers
Normally, you can not civilly sue your employer for a work related injury, but you can in California if the employer ratified the assault and battery by the co-employee. If the evidence is clear that you merely defended yourself with reasonable force [and did not continue the fight when the co-employee was no longer a threat], then your being fired probably would not be considered ratification since they fired the co-employee. It is possible there was a breach of contract by the employer in firing you, but you would have to prove their was no grounds to do so. If the employer created a hostile work environment and that resulted in the other employee attacking you, you might have a case, but you need to see some local personal injury attorneys to see if you do have a case and whether it is worthwhile. Under Workers' Compensation law, the employer has to pay for your reasonable medical bills and the time you were unable to work, but may be entitled to an offset in any civil suit for similar benefits already paid?
Answer Applies to: California
Replied: 9/15/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Workers compensation. Go after the other guy by filing a criminal case.
Answer Applies to: Michigan
Replied: 9/14/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Your exclusive remedy against your employer for an on the job injury is for workers compensation benefits. There is a possibility that you might be able to get that. Talk to an experienced worker's comp lawyer.
Answer Applies to: Alabama
Replied: 9/14/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
I don't think so. Company are only responsible if they were negligent. Did they know about the other person was violent? Sound like you can sue the other person for injuries but I don't know enough to about the fight to determine if the company was negligent.
Answer Applies to: Utah
Replied: 9/14/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
You seem to have two potential claims: Workers comp for the injuries, and wrongful discharge for the loss of employment.
Answer Applies to: California
Replied: 9/14/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    As long as your employer has workers' comp insurance, you cannot "sue" them - you may only bring a claim for workers' comp. Then, there will be questions about the work-relatedness of the attack, but I'd be happy to help analyze that for you.
    Answer Applies to: Colorado
    Replied: 9/14/2015
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    No. You cannot sue your employer. If you were injured, you MAY have a claim under Workers Compensation, provided you were NOT the aggressor.
    Answer Applies to: Illinois
    Replied: 9/14/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Can you describe the medical attention that you had as a result of the incident. You may be able to pursue a workers' compensation case against your employer, but that would depend on the facts of your case.
    Answer Applies to: Illinois
    Replied: 9/14/2015
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