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Loren
Loren, Attorney
Category: Personal Injury Law
Satisfied Customers: 20843
Experience:  30 years experience in personal injury law.
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I was injured in an incident at that happened at work. Another

Resolved Question:

I was injured in an incident at that happened at work. Another employee staged a "joke" and I fell victim to his prank. The action happened in September of 2012 and I have been off work since October till present. I had surgery in June of this year.
This incident happened at my workplace in Kentucky and I am receiving TTD from their insurance carrier.
My question is can I persue damages from the person that caused me this problem?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Yes, you can absolutely sue another employee for intentionally causing your injury. Be aware, however, that the WC insurance carrier may lien any recovery you get from the employee to the extent they pay out damages. It is not uncommon and your attorney will end up negotiating the lien amount.

Your attorney's advice is well founded. You should speak to a plaintiff's personal injury attorney before you take any action. If you need help locating one, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty.

It is my privilege to assist you. Let me know if you need further information. I hope I have helped you beyond your expectations in the service I have provided to you. I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Customer: replied 1 year ago.

The WC lawyer mentioned to me that it would be a hard case to recover any damages from because of suing a individual and not an insurance company.


I know the person who did this has a hefty retirement plan through our union and through the company as well. Other than those mentioned what are other types of assets could I go after to compensate for my losses so far as well as future anticipated ones?

Expert:  Loren replied 1 year ago.
Thank you for following up with me.

The ability to collect the judgment is a genuine concern and retirement accounts are exempt from your claim.

If he has real estate, cars or wages you could garnish, those are all vulnerable to judgment to the extent there is equity.

I hope this is helpful.

JudgeLaw
Loren, Attorney
Satisfied Customers: 20843
Experience: 30 years experience in personal injury law.
Loren and 2 other Personal Injury Law Specialists are ready to help you
Expert:  Loren replied 1 year ago.
Thank you, Jack, for your positive rating of my service to you and your generous bonus. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
   

Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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