Write up, Workmens comp

I was attacked at work yesterday, punch in the face, and right forearm clawed. A
co worker attacked me because I was sweeping and said he couldn’t do his job. I’m
being written up because he lied to my foreman, and said i hit him, and there
friends. What can i do about this? I do not feel safe at work now, this is the
third time he has verbally attacked me, last time was because I switched the
radio station, first time he’s gotten physical and cant go to my boss about it.
Also I have TMJ and when he hit me it sent my pain level up and may have to get
injections, hopefully not surgery, can i get workmens comp for this?

Asked on March 15, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You can press charges against the co-worker: assault is a crime.
2) You can sue the co-worker for any medical costs or lost wages you incur and, if you end up with a long-lasting life impairment or disability, for "pain and suffering," too. You can't sue the employer, because an employer is not liable for its employees' criminal acts. (An employer is only liable for acts done in the course of employment; criminal acts are outside employment, since they are not what workers are hired for.)
3) If you are attacked *again* after you have told them about a physical attack, putting them on warning of a physical risk, if the employer did not take reasonable steps to protect you, you may then be able to sue the employer for its "negligent supervision" (not taking reasonable precautions in the face of a known threat).
4) You are unlikely to get worker's compensation for an injury caused by a criminal act, since that would not be a "work related injury"; however, you could try applying.


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