What can I do if I think that an employee got hurt on purpose?

UPDATED: Oct 1, 2022

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What can I do if I think that an employee got hurt on purpose?

He only worked 20 hours. He pulled the slidder out of our service truck to far and it fell on his foot and

broke 3 toes.The slidder has 3 locks on it; if you let go of the handle it will lock and he didn’t do that.

He was unemployed when he hired him. We was still in training with one of my drivers. There was no need to pull the bed slidder out so we can’t figure out why he did that. Now he went to WC and got a attorney. He was of for 14 weeks for broken toes. Do I have any legal rights to sue him for negligence?

Asked on December 16, 2017 under Employment Labor Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only sue for damages or losses you suffered, not merely because he may have been acting improperly. If your truck or slider was damaged by him and you believe it was due to his negligence, you could sue for its repair costs (or countersue, if he sues you).  However, you need some provable physical damage or economic loss you suffered to have a basis to sue: there is no compensation without damage or a loss.

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