If y fiance was attacked at work 11 months ago and was injured, what can he do since he is now being sued for these outstanding medical bills?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If y fiance was attacked at work 11 months ago and was injured, what can he do since he is now being sued for these outstanding medical bills?
He sustained injuries and a concussion. It was unprovoked. He called the police to file a report but they told him to come in and fill out a written report. He did not do this since his memory is poor from the concussion. There is a witness.He has outstanding medical bills from this and still has memory issues from the concussion. His workplace states that this is not covered by workman’s comp.
Asked on January 2, 2013 under Personal Injury, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your fiance can sue the person who attached him: someone who delibarately injures another is liable for that injured person's medical costs, lost wages, and possibly pain and suffering. Workman's compansation covers injuries occuring due to the work or the workplace, but does not cover injuries caused by criminal actions (e.g. assault) at the workplace; therefore it seems like the employer is correct that workmans' compensation does not apply. IF your fiance can show that the employer knew that the person who attacked him was a risk, either to your fiance specifically or of violence generally (e.g. he had made threats; he had attacked other people at work; etc.), then he may be able to sue the workplace for "negligent supervison" if the attacker was a co-worker. But if there was no particular warning of the attack, the workplace would not be liable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.