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Can you sue if a co-worker hits you?
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Can you sue if a co-worker hits you?

Can I sue the company I work for if a co-worker hit me and it has been documented and there are witness who has seen his threats of violence before. Can I sue the Co-worker. I live in California.


    




flflamme
You really don't need to sue them. It is considered assault and you simply call and have them arrested.


isskyle
Yes, the employer is creating a unsafe work enviornment.

All threats and acts of violence should be taken seriously. They should be reported asap.


leena_070586
Rating
I do not think so.....where is the company at fault?


browncutie
Gosh people always wanna sue for anything...what's the reason he/she hits you for? Did you do something did you hit first, if not then for sure you can sue, Nowadays you can sue for anything even if you can't they will try to find a way trust me. Why don't you just man up and go fight outside and settle it once and for all!! Lol j/k


Darren E
Can you? Yes.

Will you win? Doubt it, but maybe.

One question is: You have witnesses who have seen threats of violence. Was the *company* aware of them? Would a reasonable person have expected the company to be aware?

Did the company do (or fail to do) something that a reasonable person would have done to anticipate or prevent it? Upon being hit, was the co-worker disciplined and/or fired?

And did you suffer actual damage because of that failure?

Can you sue the co-worker? How much damage was done? Did you have to go get treatment for it? Did you file a police report about it / was the co-worker arrested?

To get a taste of the answer of if you could win, you should consult a competent attorney in your jurisdiction. It would surprise me if a lawyer would take your case on contingency (i.e. work on your behalf expecting a cut of any award instead of money up front,) but not impossible. And if your company is of any size, remember they have more money than you do to defend it - and so does their insurance.

Finally, whistleblower or no, are you prepared to face legally-justifiable retaliation for filing suit against your company? Think about it.

But good luck!


sourcewaterman
Rating
Oh, boy can you ever.

Work place violence. Terroristic Threats. Documented complaints...hostile work environment.

I bet twenty lawyers have already responded to this question.

Contact EEO...immediately.


laughter_every_day
Rating
You can sue anyone you want. If you have economic damage, you are likely to prevail over someone who punches you. You will not win over the company for several reasons. One is that worker's comp is the sole remedy against the employer for on-the-job injuries. The second is because the employer is not a guarantor of your safety.


Perfect
If it has been taken to the employer and proper disciplinary actions has been taken then the employer is covered. If ur employer has just let it slide then u could sue ur employer for something..... i don't remember but yeah if ur serious about it then talk to a lawyer


Random Guy
You can always attempt to sue for anything. Whether you'll win or not is another issue. Most cases like these will only end up costing you a ton of money and if the attack isn't warrant as enough damage of if there isn't enough to prosecute, you'll end up with a more hefty lawyer fee than anything. Even if you were to win in a case, it is up to you to get the information necessary from the person or company you are suing in order for you to get the garnished wage. If you don't, the court won't obtain this info for you and you'll end up with a deadbeat that might not pay.

Your best chances are to consult a lawyer and explain your scenario to see if you have a fighting chance.


Marsha
Rating
of course you can
you can practically sue anyone for anything if you have enough money for a good laywer


Words of Wisdom
sure you can..good luck


verybizzy2000
Yes, but the suit against your company might actually be a worker's compensation claim. Worker's comp imposes strict liability on employers if you were injured while in the course of your employment. In many states, you need a lawyer specialized in that field to help you.


Chuck T
Rating
Sue your employer, unless they took action on the priors you have a good case . oh sue the co worker too....


jackson
Rating
Sure you can. But to seal the deal you need to file a police report against the person who hit you.


Mini Midas
California? hell ya!


Weabol
Rating
if the company has done nothing and they have been warned then yes


Jenna <3
Rating
Yes


zebin d
To sue someone it depends on how old you are. So if your age is smaller then eighteen then you can't sue that person. I think you can sue that person if it is a document, you have witness, and the point that your are eighteen years old. :)>-


Luckylug
i got sued for making fun of democrats. i mean wtf, seriously.


Little'Old'Me
Yes you can. That is an assault, and you will most likely win, unless you did something extreme to cause the hit.


Colon Blow
Rating
You can sue anyone you would like. However, you won't collect anything by suing the company. The company was not behind your co-worker's violence. You must sue the co-worker him/herself.





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