Boss committed aggrevated battery on job, has no WC

[gazza]

What is the name of your state?What is the name of your state? Kansas

I was working for a guy that paid me cash, and after 3 weeks of not paying me, I got fed up and quit. An arguement broke out and he decided it would be easier to smash the right side of my face with a pipe, breaking my cheekbone (3 places) my nose and eye socket, than listen to me bitching about my money. The guy is a loser (obviously) and has a business that barely keeps its head above water. He does not have any insurance and Im sure hes not liscenced. I consulted a laywer on this and he took my case. Im wondering if he is going about it properly. He has filed a request for a hearing with workers comp. He said it should take 10 days from when he is notified, yadda,yadda yadda...My question is if the guy doesnt have WC, would it even make any sense to file for a hearing? Does this get the guy in trouble for operating a buisness with out WC? I wouldnt imagine WC flips the bill and then chrage the guy, right? Are there any organizations out there that will help apply pressure on the guy for what he has done? Sorry for so many questions but I need all the help I can get. I dont want this guy getting away with murder...well, aggrevated battery at least.

 

[Beth3]

You did report this to the police and file criminal charges, right?

 

[gazza]

>You did report this to the police and file criminal charges, right?<

Indeed. Actually, the state filed them for me. Something about aggrevated battery as opposed to regular battery. If its aggrevated, its automaticly filed by the state, or something like that. I called 911 from the guy's across-the-street-neighbor (he worked out of his house, where the incident occured) and the sheriffs who got there saw I was a bloody mess, arrested the individual, and were very helpful towards me. I left in an ambulance. There was someone who saw it, an illegal alien who is his employee, and he dissappeared after the incident but the police found him later and said he pretty much told them what I told them. I have been in touch with the D.A.'s office and they too are very helpful. I think the crimminal system is working so far, Im just worrried about the civil case. Doctors seem reluctant to do anything major because I have no insurance(my face is not like it used to be, my right side cheekbone is much larger than the one on the left, and I have had a black eye since the incident, not to mention the ugly scars and the broken nose/eye socket).

 

[Beth3]

Since you didn't mention any criminal charges in your first post, I wanted to make sure that base was covered.

What you need to do is talk to your attorney about his legal strategy. He quite probably needs to pursue the WC angle first before he can pursue your damages civilly, if that's possible - it depends on your State's WC regulations and whether a company owner who is in violation by not having WC insurance can be pursued civilly.

You really need to sit down with your attorney and insist he explain all the pertinent legal issues surrounding your case. You have the right to understand all of that and be consulted by your attorney when decisions need to be made on what direction to take.