Can a lawsuit be filed against a co-worker?

Claims against co-workers may be allowed by the workers’ compensation system in some cases. For instance, whenever an illegal act is committed, a lawsuit may be filed against third-party individuals without affecting a legitimate workers’ compensation claim. Speak to a Missouri workers’ compensation lawyer to learn more about the process.

What to do if a co-worker assaults you at work?

The law affords one a number of options for reporting a workplace assault. Fortunately, victims don’t have to choose one over the other. They can — and usually should — do more than one. File a worker’s compensation claim or a lawsuit against the co-worker and/or employer.

What happens if an employee sues an employer?

If you sue your employer, it won’t be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don’t have a valid legal claim against your employer, then you will ultimately lose your case.

Can a victim of a workplace assault sue the defendant?

And if the prosecutor does bring criminal charges, a conviction is not required for the victim to sue. A victim can bring a civil lawsuit even if a jury finds the defendant “not guilty” at trial. However, it is usually in the victim’s interest to report a workplace assault to the police.

What happens if an employee is assaulted by a co-worker?

If they violate this duty of care, they may be liable for civil damages when an employee is assaulted or sexually assaulted by a co-worker. A lawsuit against the employer for a workplace assault is just one option.

Can you sue your employer for a work-related injury?

This means that you cannot file a regular lawsuit for damages related to a workplace injury or illness (with narrow exceptions described below). In legal terms, filing a workers’ compensation claim is your “exclusive remedy” for a work-related accident, cumulative trauma injury, or occupational disease.

When to file a lawsuit against your employer?

There are some limited circumstances which allow you to file a lawsuit against your employer in civil court. You are entitled to file a lawsuit if: Your employer intentionally hurt you. To be able to sue your employer for intentional harm, your employer must have taken some action with the specific and direct intent of harming you.