Intentional Torts For Which You May Sue Your Employer Directly
If you are injured in the workplace, then your compensation will come in the form of workers compensation benefits. This is the norm, but there are a few exceptions you should know about. For example, if your employer commits an intentional tort against you, then you may be able to sue him or her directly. Here are four examples of intentional torts for which you may sue your employer:
Battery and Assault
Your employer commits battery against you if he or she hits you with his or her body or an object. For example, if, in the heat of an argument, your boss loses his or her cool and slaps you, then you can accuse him or her of battery. On the other hand, assault is when the employer threatens to hit you. For example, if you work for a tree company and your boss chases you away with a power saw for being late, then he or she has committed assault. In both of these cases, you may pursue claims outside workers compensation.
Defamation is another type of injury that may not be compensated by workers compensation. Defamation occurs when your employer publishes (writes or says) lies about you, and the lies cause you injury. In the case of defamation per se, you may have a valid claim of defamation without proving that the lies caused you any harm. This applies if the false statements are so damaging that you don't have to prove that they caused you actual harm. An example is if your employer accuses you of stealing at work, despite knowing that you haven't committed the theft.
Invasion of Privacy
Invasion of privacy occurs if another person intrudes into your personal life without a just cause. For example, your employer may invade your privacy by telling your co-workers about your HIV/AIDS infection. Unlike defamation, an invasion of privacy holds even if the private facts (pictures or information about you) that have been made available to the public are true.
False imprisonment occurs when your employer confines you against your will. A good example is if your employer locks you in a bid to force you to complete a certain task before you can leave for home. You may also have a claim for false imprisonment if the employer doesn't physically confine you but threatens you with harm if you leave without his or her permission.
Some cases are well-defined as resulting from either intentional acts or negligence. There are also some that cannot be easily classified as such. For such cases, careful evaluation by an experienced attorney is necessary before making a legal move. For more information, contact a firm such as Stapleton Law Offices.