Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (314) 542-2222
- View Profile
- Answered
A:
I'm so sorry to hear that you were attacked. That must have been a horrible experience. I hope you are recovering well.
Your first focus should be on getting the necessary medical care to minimize any permanent or long term effects and ensure you are able to recover to the fullest extent possible. The other thing you should do right away is report it to your employer.
It would be wise to consult a personal injury lawyer in your area who can advise you on your options and what actions to take next. It sounds like there are a few legal issues at play in your situation. You may be able to make a workers' compensation claim with your employer's workers' comp insurance since this happened at work. You could also have a third party personal injury claim against the person who assaulted you if you can meet the requirements surrounding liability, negligence, causation, and damages. However, your options for compensation here may be limited depending on what kind of insurance or other funds are available from which you can recover. It may also be possible to pursue criminal charges against your assailant but regardless of this, you should also file a police report of the incident.
Again, since there are a few different things going on with regard to your legal course(s) of remedy, you should request a free consultation with a reputable personal injury lawyer near you. Good luck and may you receive justice.
Tim Akpinar agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
First, seek medical attention immediately to ensure your health and document your injuries. Keep all medical records and expenses related to your treatment as they will be important for any legal action.
Next, report the assault to your employer and ensure they create an incident report. Request a copy of this report for your records. If your employer fails to act, you may file a complaint with the California Division of Occupational Safety and Health (Cal/OSHA).
You should also report the assault to the police and obtain a copy of the police report. With video evidence of the assault, consider pursuing legal action against the assailant for personal injury. Consult with an attorney who can guide you through your options for compensation and ensure your rights are protected.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
