About 2 years ago I worked for a world known security company assigned for loss prevention at a retail store. I was escorting a shoplifter to the office along with the department manager of the retail store when the shoplifter took off towards the exit. When I gave chase I accidently ran into the department manager knocking him down. Now I get a call from the Security company's lawyer saying that he is suing the security company. I have to give a deposition on what happened. She told me she was there to represent the security company not me but I could bring a lawyer if I wanted to. Can I be sued and should I have representation of my own at the deposition?
2 Answers from Attorneys
You are likely protected by worker's compensation immunity and cannot be sued as long as the employee is covered by w/c. You should consult an attorney to make sure about all the facts.
It appears that the manager sued the security company, but not you. Nevertheless, I would call the security company's lawyer and demand the insurance company provide an attorney for you and that it be of a different law firm. I am not so sure your are protected by workers' compensation immunity, since the manager does not work for the security company. However, the manager's attorney must feel that he/she does not need to sue you since the security company is the deep pocket.