I am a performer in NM and the plantiff described in the summons, " I suddenly and without warning hugged her neck and kissed her cheek causing immediate neck and back pain".. We were performing for New Years eve at a very high end esablishment this happened at 8:25pm right before we were to begin, she also stated "I was in an emotional altered state. " Isn't there a system in place for emplyees that claim to be injured on the job and if so, wouldn't I have heard for the hotel directly? I am in the dark about letigious protocal but i would presume they have some proof otherwise how could they sue me.. please enlighten me.. I have zero recollection of this incident. Thank you
Employees who are injured on the job typically have worker's compensation insurance. If you are injured by someone who does not work for the same establishment then you can usually make a claim against the person who caused your injury. That being said, the injured person still needs prove fault and causation, which means that the actions caused the injury. If you have insurance you should turn the summons over to your insurance company otherwise I would suggest having an injury lawyer or defense lawyer look at the summons so they can advise you more fully. Typically there are deadlines with summons that people need to respond by or you can potentially lose the claim so it is important to consult with an attorney so you do not lose your rights.
Even though the woman suing you has workers comp benefits, she can still sue you. Suing and winning are not necessarily the same thing. Her work comp ins may also have a claim against you for reimbursement of benefits it paid her. In any event, they have to prove you were negligent and caused her harm. She could prove you assaulted or battered her by touching her w/o consent. Hopefully you had liability ins in effect at the time of the alleged incident. you may not have it now, but if you had coverage then, you need to contact the ins co. I would check with a local atty asap, as you only have a limited amount of time to respond to the suit against you. Failure to respond as reqd, can result in a default judgment against you.
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