Ex-employee faking injury
The employee is trying to commit fraud and we know it. He is trying to sue my dad for an accident that occurred. He was hit on the back from something on my dad's boat but denied my dad's request to see a doctor. He remained working for 7 days then came back to sue him. He claims that he's injured and can never work again, but my dads friends who own other boats have claimed that he's been down to the dock to buy shrimp/fish to resale under the table and is able to carry heavy boxes. No one is willing to testify because they are scared of him. What actions should we take besides hiring an attorney (and what kind)? What should an private investigator look for? How else can we prove he's not injured? The doctors record shows he came in for a car accident but his lawyer argued that the clinic has changed owners and paper could have been lost. What should we do?
I am a lawyer in CT and practice in this area of the law. If the person was an employee, and claims to have been hurt on the job, then the easiers thing to do is to do nothing unless the guy files a worker's compensation claim. once the employee files the worker's comp claim, you should refer this to your worker's comp insurance company as they provide you with a defense and will go the investigation and determine whether the employee is faking it or whether the employee really did get hurt on the job. you may bring in witnesses and a doctor to support your claim that this did not happen at work. If you do not have insurance to cover this matter, then you need to hire a litigation attorney to defend you in court if your dad's company is sued.