San Leandro, CA asked in Workers' Compensation for California

Q: What can I do if my job refuses to give security to us when theres a history of sexual abuse and theft on employees?

Since the end of last year, I myself have been sexually assaulted in my store and most recently, 02/16/2020 have had my phone stolen out of my pocket. Around the same time an employee had her car stolen out of the parking lot. Literally last week a homeless woman managed to sneak into the back room and stay at least one night there. Mid last year a very elderly man was picked up and thrown to the ground by a customer because he refused to give the man physical contact. The elderly man broke his hip from the assault and had surgery. Around the same time an employee was struck in the face by a thief, fired by the company then later won his case against them for unlawful firing. I have reported this all to HR and our ethics line. Someone had lied and closed the case I had open, stating that a temporary security guard was issued, when in fact, had not been. We are constantly getting things thrown at us and getting threats with more assault. I'm at a loss. Thank you for your time.

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2 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: Wow very sorry to hear of these events in your work place. you have a valid work injury claim for stress in the work place from witnessing violent events. you should also file a complaint with the Dept of fair employment and housing for unsafe work place.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: When you were sexually assaulted at the store, that should have generated a police report, Get that, you will need it to pursue a workers compensation claim. I've got another girl who had a weirdo grab her from behind but because it was off camera and no co-workers witnessed it and the co-worker said he stumbled into her and never grabbed her, the police investigation determined it did not occur and the claim was denied. You said you filed a claim and it was 'closed'. Workers Compensation claims can be denied by the employer but not 'closed', but maybe you submitted a different sort of claim. In Workers Compensation claims, you DO have the obligation of proving each of your injuries. When you were assaulted did you get a physical exam? You'll need a report from that. A 'stress' claim results in you having a psychiatric injury, and if you plan to work for a school or the government or foster or adopt children later, you may not want a public record of a psychiatric permanent injury. But if you have permanent physical injuries from the assault, you need to have physicians evaluate this and write reports on the findings. if you prepared to do this, hire a workers compensation attorney asap. If not, the best remedy may be to get a job elsewhere before something life-threatening or life-ending occurs.

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