San Clemente, CA asked in Criminal Law and Personal Injury for California

Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?

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2 Lawyer Answers
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

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

Gary K. Burger Jr
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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

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