An attack by a co-worker is generally a Workers Compensation action (well, actually TWO separate claims). Yes, an employer does have a duty to provide a safe workplace, but your california officials limit you to Workers Compensation claims only. I know this well because a co-worker threatened to come to the workplace with guns for years if disrespected and the day he was fired, he shot my client's husband dead, and despite all the threats and clear warnings we could only get Workers Comp benefits for the widow. So file two separate Workers Compensation actions for each attack, file police reports for criminal battery charges against the co-worker for each attack, and find a Certified Specialist Attorney who will add on a Serious & Willful Misconduct of Employer petition on the second attack for knowingly placing you in a dangerous work scenario where somebody definitely would be hurt.
Answered on Apr 24th, 2014 at 11:46 AM