Employer is threatening to sue

UPDATED: Sep 30, 2022

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Employer is threatening to sue

I need advice on how to proceed. An employee at work attacked me and ended up breaking his own leg. My boss is threatening to sue me if I do not pay half of my attackers deductible and his injuries get approved by worker’s comp.

Asked on April 23, 2016 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can refuse to pay if you believe you were not at fault (i.e. you did not use excessive force or "kick him when he was down" [i.e. did not continue the conflict when he had already stopped fighting]). The law does not make someone liable for another's injuries if they were not at fault in causing them; and also, self-defense, as long as the amount of force used was not excessive, is a legitimate defense to liability for your attacker's injuries. Therefore, if your employer were to sue you, it is very unlikely they would prevail--and you could even potentially counterclaim for frivolous (wholly unwarranted) litigation.

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