Q: I was attacked while on a job and my employer won't give me any compensation.
I am a sub contractor for a theatrical company, and while on a job at a clients home, one of their guests grabbed me by the throat, choked me, and threatened the lives of the other actors with me. This man was a member of a notorious Long Island Motor Cycle club. I gathered my belongings and left immediately after being released by the throat. When I got to the car, I was very shaken up still, and was deciding if I should call the police. I decided it would be more dangerous to wait for the police than to just leave the situation. My captain called the corporate office, and they said as a sub contractor I was on my own and they would not do anything to compensate me or help me. I believe they should be held responsible for sending me into a dangerous situation without checking out the client. And they should be held accountable for my safety while on a job. I am now seeking psychological counciling to help me deal with this situation and looking for legal advice on how to proceed.
A: Call the police. You can call even now. If you don't then your credibility in any case will be undermined. No one else will voluntarily take on a gang and testify for you.
A: Depending on your actual role at the company your "subcontractor" status may be irrelevant and you can still pursue a claim against the employer(s) under a Respondeat Superior theory. The other attorney who answered this question is also correct that you should file a police report concerning the incident and inform them of any other individuals who were present who may have witnessed the assault and battery you were the victim of.
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