QUESTION
What can be done if disabled client hits his workers?
Asked on May 14th, 2013 on Labor and Employment - Alabama
More details to this question:
I have a client that is very abusive to his staff, mainly me, yesterday he hit me in the head & knocked off my hat. He also ran up to me while I was calling my bosses to get them to come, as he punched me in the chest. He’s been known to do this to all of his staff and the guy I just replaced went to the ER because of him, that x-co, worker may never work again, from what I understand. This guy is a adult client and everyone is in fear he will at some point may kill someone, may it be me or a child walking in his path, what should I do?
12 ANSWERS
I have a client with this exact problem. She called the police and had the client arrested. You should do the same.
Answered on May 16th, 2013 at 7:19 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Report him to the authorities. It sounds like he needs more than casual care.
Answered on May 16th, 2013 at 6:20 AM
Complain in writing to your employer. If that does not solve the matter, contact an attorney to determine what you can do.
Answered on May 16th, 2013 at 2:31 AM
File a stress claim against your employer for not providing a safe working environment and wait until your employer do some thing about this client.
Answered on May 16th, 2013 at 1:17 AM
I take it you work for an employer that serves disabled clients? If so, you should discuss this with your employer. If that does not work, find another job.
Answered on May 14th, 2013 at 4:53 PM
Thomas Edward Gates
You should remove him the the care center. Any injuries sustained will be you liability since you are aware of his behavior activities.
Answered on May 14th, 2013 at 4:53 PM
Ronald A. Steinberg
Police reports are appropriate when someone is criminally assaulted. If you were hurt and incurred expenses for medical bills and lost wages, you could sue the guy civilly.
Answered on May 14th, 2013 at 4:53 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Although this is not clear, I assume you work with the mentally disabled? It is a known risk of such employment that you have to deal with combative, "clients." Your options are to find other employment and file a workers compensation claim if you sustain an injury. If you work in a business that has the discretion regarding their "clients" an employer does have a duty to protect you from such hazards. The duty is different if the reason this person is being combative is because of your sex, color, national origin, race, disability, age, or religion. In that case you would have a hostile work environment claim. If not, you may be able to sue your employer outside of the workers compensation arena if it is foreseeable that this client could intentionally cause harm. In both cases you need to make a specific complaint to the employer and if the conduct engaged in arises to criminal assault, report it to the police. I would make the police report 1st and then they complaint to the employer 2nd. That way you also have whistleblower protection.
Answered on May 14th, 2013 at 4:53 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't believe you are using the right words. A sick person does not have "staff" or workers. If you are afraid of being injured by the folks who are given to you to attend to you ought to look for other employment.
Answered on May 14th, 2013 at 4:52 PM
John Hone
In Michigan, workers compensation is the exclusive remedy, with some exceptions. One of the exceptions is an intentional conduct action against the employer. If the employer knew based upon this guy's history that you would be attacked, you could bring an action. It may or may not survive the courts. If you have a republican judge, he will throw you out of court. If you have a democrat judge, he will let a jury decide.
Answered on May 14th, 2013 at 4:52 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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1. Get together with your co-workers and put together as much information as you can about every incident of violence involving this individual; 2. Research your employer's policy and procedures manual to find every section that might have some bearing; 3. Have a meeting, not just you, but co-workers with your supervisors to put together an action plan. Make sure all of this is written down. 4. If the situation is not adequately addressed, then make sure the higher-ups know about what's going on.
Answered on May 14th, 2013 at 4:52 PM
James Eugene Hasser
Report it to the boss. It's also a crime-assault and battery. You may want to consider pressing charges.
Answered on May 14th, 2013 at 4:51 PM