Attacked! Wasn't hurt FROM work

[rodpoo]

What is the name of your state (only U.S. law)? Colorado

My Wife was at work when the boss's 8 year old who was running around the office (medical office.. Nice huh.), ran up behind her and tackled her around the knees. Long story short she's hurt, out of work, and will be for a while. The problem I have is work comp only pays 2/3. Why the hell do we have to lose money and have our credit ruined, because the boss would'nt pay for a daycare, and his brat intentional did this! Maybe he didn't plan on hurting her but, our mortgage company doesn't care.

Can we sue him personally for the rest of the wages that she loses out on, or is assault legal as long as it's done on the job??

 

[commentator]

Frankly, you sound like one angry guy. If your whole financial future was dependent on one third of your wife's salary, then you should really be glad she didn't slip and fall outside work, cause then it'd be not covered by worker's comp. and you might not be getting anything at all while she recovers.

But even if you can sue her employer, (in most states Worker's Comp is the sole recourse for an on the job injury, in other words, she can't sue for damages over and beyond Worker's Comp; you'll need to check to be sure in Colorado) she will be out of a job altogether as soon as you begin that process. Because they will very likely fire her.

The boss may decide he/she needs to be rid of her. They can fire her as soon as she gets off her worker's comp claim, or they can fire her now and she will continue to receive the 2/3rds salary from Worker's Comp. until she reaches Maximum Medical Improvement and her worker's comp claim ends. Either way, it's less than she'd make back to work at full salary. After she is terminated, unemployment insurance later will be a lot less than what she is making, and who knows how long a lawsuit (if even possible) would take.

Just checked, Colorado IS a sole recourse state, though it looks like they have got a brand spanky new provision that allows suits beyond the W.C. case in some cases, but it won't apply in your case from my reading. You can always retain an attorney to discuss it, but I wouldn't tell anyone at wife's work I was doing it.

 

[BOR]

Can we sue him personally for the rest of the wages that she loses out on, or is assault legal as long as it's done on the job??

Assault is never legal anywhere. You'd have a hard time though convincing a Prosecutor an 8 year old knew what he was doing, and in some states, children that young can't even be charged with any crime.

IF it were an employee, the "Intentional Tort" theory may evolve, another issue though.

The only way to seek compensation is see what laws there are in CO concerning "parental liability" for acts of thier minor children and civil damages, long shot though.

Be advised though, being employed at will, if you are, it may have repercussions if you even attempt to sue.

 

[rodpoo]

We found out yesterday from one of her co-workers that they have already hired her replacement, and she is not coming back. They don't want somebody that "scares their son so badly."

 

[BOR]

We found out yesterday from one of her co-workers that they have already hired her replacement, and she is not coming back. They don't want somebody that "scares their son so badly."

Typical employment at will situation, we are hired commodities, when they use us up, they drop us.

Best wishes to you.

 

[cbg]

As to why workers comp pays only 2/3s (or 60%, or 75%, or whatever it is in whatever state - no state pays 100% that I know of) it's because an employee who is being paid 100% of their medical care and wages has very little incentive to return to work.

It's the same with STD/LTD benefits for non-work related claims.

 

[seagoing]

Maybe they also learned thru a co-worker they may be sued,and decided to replace her.As for the 2/3.Workers Comp.is also not taxed as regular income.In my case,the take home differance was not that great.