In the workplace, not all injuries are caused by “accident.” In fact, it’s not altogether uncommon for a worker to be injured due to a physical attack engaged by either a co-worker or a customer.
Our Tuscaloosa work injury lawyer knows that the injured worker may have a right of action under Alabama law to sue and recover damages under these circumstances.
It can be challenging to understand how injury liability works in situations where there are multiple potential defendants, so let’s explore liability based on the parties involved. We’ll use a brief example as the basis for this exploration.
Consider the following:
Suppose that you are working as a warehouse stocker at a retail store. During a shift, you are punched by a co-worker. It turns out that your co-worker was intoxicated at the time of the attack. Had they not been intoxicated, they would not have attacked you and caused you to suffer injuries.
Now, let’s jump right in.
Taking the above example, it’s clear that the attacking co-worker would be liable to you for damages. They caused you to suffer injuries by acting recklessly or intentionally (i.e., by becoming intoxicated and attacking you). There is hardly any ambiguity as to the liability of the co-worker in this situation.
Unfortunately, it can be difficult to recover fully from a co-worker, as they may not have the financial assets or the insurance coverage necessary to cover your losses in full. For that reason, it is important to explore whether you can impose liability on your employer (who will have more assets/insurance coverage).
Now, taking the above example, your employer could be potentially found liable for negligent hiring and/or supervision. You’d have to investigate the case further, but if it turns out that your employer knew about the employee’s “drinking problem” and history of violence and still hired them, then you could sue the employer for hiring that employee.
Alternatively, suppose the intoxicated-attack could have been prevented through proper supervision in the workplace (i.e., manager evaluating employees before work starts). In that case, you might be able to sue for negligent supervision. This is especially relevant in industries where substance abuse is common.
If you have been injured due to the intentionally violent actions of another person at your workplace — whether a co-worker or a customer —you may be entitled to sue and recover damages.
We can help.
Here at Cross & Smith, our team has decades of experience working with those who have suffered injuries due to others’ fault. We understand the frustration and challenges facing injured plaintiffs and how important it is to secure compensation to cover serious losses.
Ready to speak to an experienced Tuscaloosa work injury lawyer at Cross & Smith? Call us at 877-791-0618 or send us a message online to schedule a free and confidential consultation today.
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Posted By: Jaimie Copeland