Legal Question in Personal Injury in Texas

i was assaulted on a construction site by a temporary laborer my company hired did go to doctor thought i`d get better happened a month ago been unable to work still having headaches and vision problems think i may have a brain injury do i have a right to sue


Asked on 4/07/14, 2:21 pm

1 Answer from Attorneys

Roger Merrill Merrill & Associates

You can sue the temporary laborer, but there's probably no source of money. It will be more difficult to sue your employer. Do you have worker's compensation? If so, then you are entitled to benefits under that and your employer's negligence is not at issue. If there's no worker's compensation, then you could claim negligent hiring. It's a difficult case because the negligence of the employer, if any, will be small compared to the real defendant, the temporary laborer. There's also an issue if the laborer is not an employee, but an independent contractor. The company will say it is not responsible for bad acts of an independent contractor. If a temporary agency was involved, then it may have been negligent. But you have to show that this person had a history of past violent behavior which was such that he should not have been hired.

Read more
Answered on 4/07/14, 2:48 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Texas