What are my rightts if I was assaulted at work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rightts if I was assaulted at work?
While at my place of employment I was assaulted by one of the owners’ sons. It is a bar and he did have alcohol in his system. Initially he threatened to sever my hand, then my head, and when confronted about this he placed his hands on me, threw me against a wall, and connected with 2 hits to my face before the bartender broke it up. At no point did I verbally or physically assault him and this was totally unprovoked. He has access to the camera system to erase evidence unfortunately. I do not feel comfortable returning to work there.
Asked on July 8, 2012 under Employment Labor Law, Pennsylvania
Answers:
Andrew Goldberg
Answered 12 years ago | Contributor
Initially, you can file a complaint ( asking for criminal charges ) with the local police. If the police refuse, you can file a private criminal complaint with the local District Court. I the "son" is not an employee of the Bar, you can file a lawsuit against the "son" for your injuries and resulting pain and suffering. Per the Pa. Workers Comp. Act, you cannot sue the Bar as the Bar is your employer. Rather, you are entitled to Workers Comp. medical and wage benefits. If the "son" is an emolyee of the Bar, you can only get workers comp. benefits if the assault was related to work and not personal ( ex., you flirted with his girlfriend). If the assault was unrelated to work, you then may be able to successfully file a lawsuit against the "son" ( only ) for your injuries and resulting pain and suffering. This is still difficult. Typically, homeowners insurance does not cover intentional criminal acts or assaults. You need to see a lawyer as there are alot of issues/questions here.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.