Legal Question in Criminal Law in California

Re: can i sue for ''not assuming the risk'' at work

Of course you can sue him. Even if the company is liable (it might not be), its liability does not absolve the actual wrongdoer.

Your question asks about "assuming the risk", but assumption of risk is only relevant in negligence cases. (If you go to a ball game you assume the risk of being hit in the face by a foul ball, but not of being deliberately targeted.) Presumably the person who punched you did so intentionally. No one ever assumes the risk of an intentional battery.

Re: can i sue for ''not assuming the risk'' at work

You have a good workers' compensation case; you also have a good lawsuit in civil court against the coworker, and also at least a medium-good lawsuit against the company for, among other things, hiring the guy.

Re: can i sue for ''not assuming the risk'' at work

'Assuming the risk' is a defense to a claim and not a claim in itself.

You have many causes of action to assert against both the employer and the individual that hit you. These range from the employment context to battery and other tort claims.

File a police report and contact a civil plaintiff's/employment lawyer. We handle cases like these.

Re: can i sue for ''not assuming the risk'' at work

Yes, you can sue in civil court (need a civil plaintiff's lawyer) as well as file a police report so that criminal charges might be filed. If your boss has charges filed against him, give him my info so that I can charge him a fee for defending him . . . just kidding . . .

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com