assaulted at work by another employee

[curious2]

my son was assaulted at work by another employee. a co-worker wanted him to help him with his job and my son couldn't until he was finished with the job he had to do. The co-worker went around to the isle he was working on, picked up my son by his neck and throwed him into a stack of pallets. The company did not notify the police or let him make a police report. The employee does have a previous record of violence. He did file an incident report with his employer. They asked him if he needed to go to the dr but did not tell him that the company would be responsible. This is his first job so he didn't go because he didn't have the money to pay for it. He is 19 and the other person involved is 44. My son has a hearing and speech disability. Is there any advice on how to legally handle this situation? Does a claim exsist?

 

[FlaRiptide]

Does a claim exsist?

Unless he was injured or paid medical fees, he has no claim.

The company did not notify the police or let him make a police report

If the action occurred as you described, assault charges should have been pressed. You may still be able to after-the-fact. I personally would.

Your son should have a word with the Human Resource manager if this company has one. Or have him speak with the President/owner of the company. Depending on the situation, you may wish to attend with him for his safety!

It is bizarre that a company would ignore a dangerous situation like this. The company is very vulnerable for the liability of the violent natured co-worker.

 

[tpajet]

The company did not notify the police or let him make a police report.

The compnay can't really stop him from contacting the police. Taht needs to be RIGHT NOW.

 

[curious2]

He did have injuries such as bruises around neck, hand print from holding, cuts and scrapes on hands, little bit of back pain. Since it is his first job, he did not understand and the company...major company....did not tell him that seeing the doctor would be covered by them. Did the company violate any of his rights by not making him aware of his rights in this situation? They did fire the employee that assaulted him and the employee sent him a text that he was sorry for hurting him. Company feels this is enough. They would not allow him to contact us to let us know what had happened.

 

[tpajet]

How long ago did this happen?

You may want to go ahead an contact a lawyer to see about suing the company. So far you have said that they kept him from contacting the police and the kept him from contacting you. The fact that they blocked him from various contacts that he needed raises red flags on this one.

However, he may not be able to sue in regards to not knowing that the company would pay for his injuries. That would fall under workers comp, and as long as they have the posters up that tell his rights, then they may be off the hook on this one.

 

[curious2]

assulted

this happened one week ago. My son's disability includes hearing, speech, low ability to read and spell. He is a very hard worker and received worker of the month 4 months after being hired. You have to tell him or show him what you need him to do and then he can run and do it well. He was their "best worker" before this happened and now they have started treating him like he is incompetent.....literally, and he is far from it. Talk is that they are planning on changing his off days and not telling him so that he won't show up thinking he is scheduled off and then fire him. They pull him to a new section and giving him an hour to get the whole sectioned stocked where normally it takes the girl who stocks it seven hours. They make comments to other employees that he needs help or he will "cry". When they come to help him, he is done and didn't need their help or know that they were sending anyone. They tell him that "tomorrow night they are going to write him up for being slow". Well, if he is too slow, why not write him up the night it happened?? It's really childish stuff they are doing trying to make him quit. They don't pay him overtime although he works it.....they send him home early the next night because they won't get their "bonus" if anyone has overtime. Thanks again for your help. I am trying to look at all my options as this is a company that is in every town and he doesn't want to lose his job.

 

[Green_Hornet]

If he was injured file a Workman's comp claim. If he went to a doctor already he should have told the doctor it was work related.

 

[tpajet]

My son's disability includes hearing, speech, low ability to read and spell.

Unfortunately they still might be able to skate off on the fact that the posters were up.

I would second going to the doctor still. I would also prepare for to file a lawsuit, but don't do it yet. He will have a little time before the statute of limitations is up. I'm pretty certain they will fire him before that given the games they are thinking of playing. And sadly, it sounds like they are willing to exploit his disabilities. If they fire him, then sue. Keep in mind too, that he ma be able to sue for discrimination based on his disability, depending on what ends up happening.