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Posted Jan 4th, 2012
My boss, while being intoxicated, pushed me. As a result of a fall, I have broken a knee cap. Do I
have a civil case, since it was a deliberate push?

Additional Details:
Can I civilly sue later if I dont process it as a worker''s comp?
Legal Topic Area: Personal Injury in NY

First of all you should have contacted the Police, that is Assault & Battery and the Criminal Courts can award damages. Plus no employer should be intoxicated on the job, not even a bar owner. You certainly have a civil case for Personal Injury against your boss and possibly the business. I wouldn't go worker's comp on this matter as, being assaulted by your boss is not really what worker's comp was designed for.

Contact the Police and then contact a Personal Injury Attorney.


I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.

Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.

Joseph F. Botelho, Esq.

BOTELHO & ASSOCIATES, LLC
Attorneys At Law


www.massachusettslawyeronline.com


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Fall River, MA 02724

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Answered on Jan 5th, 2012 at 10:42am