Who is responsible for covering the medical bills of an employeewho was attacked by a fellow worker?

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Who is responsible for covering the medical bills of an employeewho was attacked by a fellow worker?

My daughter was accosted last week by a fellow worker who went crazy on the job (she did not file charges). Her medical bills were $5000 and she has no insurance. Shouldn’t the employer’s Workman’s Comp cover this? Why are they not volunteering this? My daughter is young and works for a cleaning company. The day before Thanksgiving, the client offered her and another worker some wine. My daughter declined and kept working. After an hour or so the other worker was then drunk. My daughter told her not to drive, that she would drive the woman home. As they started to pull out, the women began to punch and kick my daughter while she was driving. She got stopped, the women got out, and ran back to the client’s house where she did damage and was arrested. My daughter had huge bump on her forehead.

Asked on December 3, 2010 under Employment Labor Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your daughter needs to seek consultation from an attorney as soon as she can.  There are many issues here besides Worker's Compensation. How that wil aply depends on if you consider her injury during the course of her employment.  They were leaving the job, correct?  There are other issues with the client and serving alcohol to someone who is drunk and then hurts someone.  When you say "she got stopped" did you mean by the police?  Were there witnesses to the assault and they did not haul the woman in anyway?  Your daughter may need to press charges but that may play on the claim against the employer so you do need to sort through this with an attorney.  Good luck.


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