If y fiance was attacked at work 11 months ago and was injured, what can he do since he is now being sued for these outstanding medical bills?

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If y fiance was attacked at work 11 months ago and was injured, what can he do since he is now being sued for these outstanding medical bills?

He sustained injuries and a concussion. It was unprovoked. He called the police to file a report but they told him to come in and fill out a written report. He did not do this since his memory is poor from the concussion. There is a witness.He has outstanding medical bills from this and still has memory issues from the concussion. His workplace states that this is not covered by workman’s comp.

Asked on January 2, 2013 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your fiance can sue the person who attached him: someone who delibarately injures another is liable for that injured person's medical costs, lost wages, and possibly pain and suffering. Workman's compansation covers injuries occuring due to the work or the workplace, but does not cover injuries caused by criminal actions (e.g. assault) at the workplace; therefore it seems like the employer is correct that workmans' compensation does not apply. IF your fiance can show that the employer knew that the person who attacked him was a risk, either to your fiance specifically or of violence generally (e.g. he had made threats; he had attacked other people at work; etc.), then he may be able to sue the workplace for "negligent supervison" if the attacker was a co-worker. But if there was no particular warning of the attack, the workplace would not be liable.


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