Legal Question in Personal Injury in Massachusetts

Arm hurt by coworker

The risk assurance manager of my previous emplyer twisted my arm behing my back as a joke (I guess) when I was cleaning up the kitchen area at work. I had my back to him and did not know what was going on. He ripped over 50% of my rotator cuff. I had surgery and am in physical therapy. It has been very painful. I have been told you can not sue your employer. I was also told this guy has boundry issues. I can't understand why no one is responsible.


Asked on 12/12/06, 12:59 pm

2 Answers from Attorneys

J. Whitfield Larrabee J. Whitfield Larrabee

Re: Arm hurt by coworker

It is likely that you have a civil claim for assault and battery against the risk manager that you might be able to collect upon. With regard to your former employer, you would almost certainly have a claim under the worker's compensation statute as long as your injury occurred on the job.

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Answered on 12/13/06, 1:46 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Liability for arm hurt by coworker

I am not sure who told you that no one is responsible. From what you described, you have an action against the co-worker, and you may have an action against your employer.

I can get into more specific detail if you contact me.

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Answered on 12/12/06, 1:05 pm


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