If I had got hit the shoulder and head by employee, using a machine excavator, which caused me injury, which was his fault. Could I take him to court

The question

At work, I was out of the Work zone. I stopped the employee from excavating. I told him I was gonna pick up a piece of edging. He, then as I was bending down, took it on himself to turn to excavator wind up, hitting me on my shoulder and top of my head, giving me a head concussion and I’ll take him to court