Question:

Do employers have a duty to keep employees safe?

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What happens if you suffered a serious injury by a co-worker or client while at work? Would it be filed under workers' comp or personal injury?

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  1. in my state three things would happen (virginia)... the injured employee would get money from the company, the co-worker would be fired and the injured employee and or company would sue the co-worker.  


  2. Likely not covered by worker's comp.  Worker's comp usually does not cover intentional torts, i.e. assaults.

    But, on the plus side, that means you are not prohibited from making a case for negligence against your employer.  If successful, that would mean more money, because you would potentially be compensated for your injury and 100% of your lost wages, not just two-thirds.

    You can also sue the disgruntled attacker.  There, you potentially have compensation plus punitive damages.

    Talk to a lawyer.

  3. Depends on your state's law. Typically the employer has liability for workers compensation for injuries on the job. However, a co-worker can have liability as well as a client, provided that the law allows the injured worker to sue.

    It all depends.

  4. I believe it would fall under Workers Compensation and that if you wanted to file a First Report of Accident and have your medical bills covered that would be understandable.  I do not think that there would be any law suit there because the damages came from a third party, i.e. the co-worker.  You could probably sue the co-worker if you wanted.  

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