Chicago, IL asked in Workers' Compensation and Employment Law for Illinois

Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to know what I could do.

3 Lawyer Answers
Jeremy Wang
Jeremy Wang
Answered
  • Wheaton, IL
  • Licensed in Illinois

A: Projectile objects being thrown at your head create an unsafe work environment and also have the potential to cause serious blindness and bodily injury. Report the incident to your manager. If your manager fails to correct the conduct, then report the matter to Human Resources.

Charles Candiano
Charles Candiano
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: On your facts, this is neither a personal injury nor a Worker's Compensation claim as you sustained no injury. Your coworker's behavior should be unacceptable to anyone. It is obvious that your supervisor does not have a "zero-tolerance" for such behavior. By definition, zero-tolerance means that the behavior is not tolerated, at all. In other words, the first time that the supervisor observes such behavior, it is grounds for a "for cause" dismissal. If your coworker engages in this behavior "constantly," he is doing so with the implied consent of your manager. You are in an uncomfortable situation that you do not deserve. Unfortunately, litigation cannot adequately address every injustice.

David Wolkowitz
David Wolkowitz
Answered
  • Skokie, IL
  • Licensed in Illinois

A: If you are injured, you could make a worker's compensation claim against your employer. If your co-worker through something at you, that might be a crime, and you could call the police. However, practically speaking, this will cause problems for your employer, and they may fire you. Perhaps you should seek another job.

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