My coworker had the flu last week.. He kept coughing without covering his mouth. We had meetings where everyone was directed to cover their mouth when coughing. I kept asking him to cover his mouth when he coughs, but instead of covering his mouth he began to intentionally coughs in my direction and not cover his mouth. Our work stations is 4 ft away fr ea other. He went beyond that n started to blow in my direction as well when management wasn't around. I came down with the flu 4 days after this started. I was in bed w/ so much pain for 3 days n on the forth day I got enough strength to go to doctor n medicine cost me $205. I missed 2 days of work due to this.
In a case of first impression you you can file suit because of acts in intentionally coughing at you knowing that he had the flu. The question is whether it is worthwhile in terms of your time and effort. That is a decision you need to make. Another option is to explore the possibility of getting your employer's workers compensation insurance policy to cover the costs as this happened at work.
My response above is only general, legal and business analysis. It is not "legal advice." It is my own analysis based on the limited brief summary you presented. Other attorneys may have a different analysis and opinion especially if more facts are considered. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in the State of New Jersey.
Have you taken this to HR and management? Did you have witnesses or film it? You have a bit of an evidence/causation problem to deal with in the case. Your claimed damages are squarely in small claims, and it is unlikely that you will get a judge to impose a money judgment on a guy that may have gotten you sick, but may not have. Especially since your "flu" seemed far worse than his (you were bedridden, he was at work).
Best bet is to complain at work that he is an ass, and cut ties with him so far as you can. He sounds like a jerk.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline