Assaulted by a client on the job

I was assaulted by a mental health client on my job at a psychiatric facility. I was not injured but due to the naure of the assault I suffered post tramautic stress. At the time I was in shock and did not press charges. I left my job within 2 months because I did not feel safe there. I have suffered with depression and anxiety due to the incident. I am wondering if this is grounds to sue the mental health facility I worked for?

Asked on June 15, 2009 under Criminal Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

what you will need to do is review the terms of your employment contract that you had with the mental health facility. In general when a person is assaulted while on the job the employer would be potentially liable. The concern I have is that because of the nature of this type of job such an incident may be considered "part of the job". Without knowing what the employment contract states it is difficult to tell you whether you can state a claim

What I suggest is that you contact a local attorney who specializes in this area of law. Bring your employment contract to review along with any records of the post traumatic stress you suffered and they will be able to advise as to whether you have a valid cause of action. Good luck


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