How do I prove assult and battery charges?

UPDATED: Oct 1, 2022

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How do I prove assult and battery charges?

I was forced to work nights at my job and I was the only employee in the office. I had asked the company for security and pointed out obvious lapses. An ex-employee came in through the back doors and attacked me and sent me to the emergency room. There was no video or witnesses because the company had ignored my requests. I was fired because I couldn’t prove that this wasn’t just a fight. Any reasonable person who looked at the statements and determine he was lying. Of course he lied and said he was injured too, but his injuries were a result of him attacking me. I can get the police to even interrogate him. They took his statement and my statement put in in a file and buried it. As a result of the attack, I have lost my job and insurance and have been denied workers compensation and unemployment. The company told me to go to the emergency room and required me to go to Concentra to see the companies doctors. Now with the workers compensation denied, I’m getting swamped with medical bills. The company was quick to dismiss me because they know they were liable. With the police refusing to do their job, I don’t know who to turn to. I’m sure an investigator with my interests at heart could prove my case and help me prosecute this crime and help me sue the company for damages. The company is a large global organization and they are counting on me just rolling over. I plan to fight but I need attorneys to back me up. Can anyone help?

Asked on May 30, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employer is not liable for the criminal actions of third parties, including ex-employees, as a general matter: a criminal act, being forbidden by the law and so already something no one should be doing, is something beyond the company's control or responsibility. So they most likely would not be liable for your injuries.
And unless you had a written employment contract preventing your termination, you were an "employee at will" and could be legally terminated at any time, for any reason--even a factually incorrect one, like believing that you were involved in a fight when you were actually attacked. So the company would not be liable for terminating you.
Worker's compensation would not apply, since being the victim of a criminal attack is not a "work related" injury unless you are a police office, corrections officer, security guard, etc.--that is, it is not part of or comes out your employment.
You should be able to get unemployment if you can convince the unemployment office (or a court, if you take an appeal to a court) that you were attacked and not at fault. In the absence of other evidence, all you can rely on is your testimony and hope it is found credible.

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 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.

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