Greenbrier, AR asked in Employment Law, Civil Litigation and Juvenile Law for Arkansas

Q: 16 yoa son attacked by juvenile coworker and his job did not fire other juvenile. Assaulted with weedeater.

My 16 yoa son works for a large christian camp weedeating and mowing. His coworkers who are juveniles keep haraasing him, which he has advised his supervisor. One attacked him with a weedeater and they did not fire that juvenile. Are they not wrong for not firing or reprimanding him? My son has scars from this.

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II

A: Sorry to hear your sun endured this treatment. Employees are usually limited to worker's compensation benefits from on the job injuries. One exception is for the intentional physical assault by a co-worker. Then general negligence law kicks in. The employer can become civilly liable for negligent supervision/hiring if they knew about this before hand. Another question is the motivation for these co-workers to attack your son. Is this some racial/gender/ethnic based hate crime? Employers are liable for harassment by co-workers if they know about it and fail to take effective remedial action to prevent it. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

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