What can I do if my assistant manager accidentally cut me with a box cutter suppossedley he was just trying to “scare me”?

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What can I do if my assistant manager accidentally cut me with a box cutter suppossedley he was just trying to “scare me”?

That night he put bandaids on the laceration and told me it was just a small cut. It wasn’t until I got home and showed someone the next day that I went to the hospital; the doctor told me that I needed stitches but I had waited to long. The doctors ended up butterfly stitching the cut. The manager never filed an incident report form and I feel like I am still being harassed every day by him. This happened a couple of months ago.

Asked on May 9, 2014 under Personal Injury, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since your injury occurred on the job, you can file a workers' compensation claim.  Your human resources department should have the documents you will need to pursue a workers' compensation claim.

Since the assistant manager was trying to"scare" you, this would appear to be an intentional act; not an accident.  If it was an intentional act, you can sue the assistant manager for assault and battery.  Assault is intentionally placing someone in reasonable apprehension of an immediate battery without consent or legal privilege.  Trying to "scare" you with a weapon is assault since it placed you in reasonable apprehension of an immediate battery (physical contact).  Battery is an intentional harmful or offensive touching of the person of another without consent or legal privilege.

Assault and battery are both civil (lawsuit) and criminal offenses.  You can sue the assistant manager for assault and battery and also file separate criminal charges.  The criminal case is separate from the civil case.

If the manager's actions were intentional, then you won't be able to sue the company because an employer is liable for the negligence of an employee which occurs during the course and scope of employment.  Intentional acts are considered to be outside the course and scope of employment and therefore the company would not be liable.


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