i am a corrections officer for a private prison company. i was assaulted by 3 inmates. my employer waited almost four hours to make sure they completed incident report paperwork before i could go to the emergency room, driven by another officer in their personal car. during this time i had a mild concussion the whole time. Am i able to collect damages?
"A"
Did you suffer additional damages due to this delay?
. . . probably not.
Zach
Was there further damage done because of the delay? If there were you can collect the additional medical bills. If not, you have no lawsuit.
Brendan
Your suit against the employer would be preempted by the state workman's compensation law. Generally, you can never sue your boss for injuries that occur in the course of your employment. In some cases, where a piece of equipment failed, you can sue the manufacturer, but your employer is always off limits. A suit would be dismissed, no lawyer will take it. You have to go through workman's comp, you will get medical and wages, but no damages for emotional distress or anything. A worker's comp lawyer might take that, but I'd try to do it myself first and only seek assistance if the boss' insurance company denies the claim or gives you too little.
You could sue the inmates-- but what are the chances they have any money?
evilattorney
Unless you suffered additional damage due to the delay, you have no case. If you are claiming that your employer was at fault for your injury, see a lawyer.
Orignal From: Can I file a lawsuit for negligence or anything?
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