QUESTION
I got assaulted at my job in the break room, do I have a good case?
Asked on Jun 01st, 2015 on Labor and Employment - California
More details to this question:
So I got assaulted at my job by another employee. I didn't instigate it. I walked past the person in the break room and he ran up behind me and punched me. Then I looked at him and he punched me again in the face and then I fell on the ground and he kept beating me up for like 15 min .when he was beating me up everyone on the job was just watching like 20 people just watching. I guess he got tired and just walked away. The cops cam took him to jail and I went in the ambulance. So as of now I have lawyer for work comp. Do I need another lawyer? And how much can I get from this case? Work comp is paying medical bills .
4 ANSWERS
Edwin K. Niles
You can make a claim against the assaulter, but will you ever collect?
Answered on Jun 04th, 2015 at 4:59 PM
You should be asking your attorney these questions. ?Yes, you certainly can sue the other employee for assaulting you as those are not part of his work duties. If your employer does nothing to punish the other employee you might be able to sue your employer for ratifying his conduct [an exception to the exclusive Workers' Compensation rules]. ?Your employer will be entitled to recover back from you any of the same benefit payments they make and that you recover in the civil suit.
Answered on Jun 04th, 2015 at 5:09 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Your best bet is workers comp. However, you can sue the assailant for assault &battery and seek punitive damages.If he has money you can collect.If he is a deadbeat chances are you will have a Judgment against him and hope he wins a lottery to collect.
Answered on Jun 04th, 2015 at 5:09 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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It's premature to assess value but it's definitely worth pursuing at this point. Your employer may have tort liability (for providing poor security and/or wrongful hiring/training/retention) to you outside of its capacity as employer. The co-employee definitely has liability. The co-employee should be prosecuted criminally to conviction with an award providing you with restitution for your economic losses. You can make a claim against the California Victim Compensation Program. http://vcgcb.ca.gov/victims/ The co-employee may have little ability to pay your damages. Your workers compensation attorney should be able to assess your civil claims.
Answered on Jun 03rd, 2015 at 8:04 PM