Can I file a lawsuit against my old employer if I was attacked while on the job?

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Can I file a lawsuit against my old employer if I was attacked while on the job?

My husband was working for his employer as a supervisor at their warehouse.

His employer had a construction company building a new warehouse on their

property next to his site. He was attacked and ended up with a serious injury

from the contractor and the contractors employee’s. The contractor and the

employee are having charges brought up against them. He was then fired from

his employ days after this happened. Does he have ground for a lawsuit due

to a unsafe work environment?

Asked on March 29, 2018 under Personal Injury, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, he does not have grounds for a lawsuit. An employer is not responsible for the criminal actions of those working for or with it (whether employees or contractors), since committing crimes is not part of their jobs or why they are hired: employers are only potentially responsible for injuries which are incurred or caused as part of the job--and criminal assaults are not part of the job. An employer is also not the police: providing a safe working environment does not include protecting against criminal acts. Your husband may sue his attackers, however, for any costs or injuries he suffered.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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