What are my rights ifI was intentionally injured by a supervisor and my company is doing nothing about it?

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What are my rights ifI was intentionally injured by a supervisor and my company is doing nothing about it?

I had a supervisor at work stick a power drill to my leg and pull the trigger last year with 5 co-workers watching. I reported this to my supervisor and branch manager. I was never sent to the doctor even after I told the branch manager my leg was infected. After a week of no punishment to the attacker, I started asking questions about not being sent to the doctor and what was going to happen to the supervisor that did this to me. My branch manager replied, “If you say another word about this, your fired”. He filled out no accident or injury report. I was threatened with the loss of my job aproximately 10 times within the next 3 months following this. I’ve kept quite for the last 16 months in fear of being terminated. This is a very large nationwide company that has many lawyers I’m sure. Can I sue? And, if so, would it be worth losing my job for?. Now is not a good time to be without a job.  Should I speak with a personal injury oe employment law attorney? In Sacramento, CA.

Asked on August 5, 2010 under Employment Labor Law, California

Answers:

Christopher LeClerc / LeClerc & LeClerc LLP

Answered 10 years ago | Contributor

You absolutely need to seek a personal injury or employment attorney immediately.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) Definitely speak with a personal injury attorney. You might be able to sue both the employer and the supervisor for assault: you could potentially sue for medical costs, pain and suffering, any lost wages, and also potentially punitive damages.

2) It's possible that even though this was a deliberate attack, you might be covered under Worker's Comp--but at least you may get something. Again, definitely consult with an attorney.

3) You may wish to also contact the police: assault is a crime, and the company's actions in trying to cover it up may make it liable, too. Your attorney can advise you on this as well.

The worst factor for you is the time you've let pass--at a certain point, it's too late to claim worker's comp, sue, or press charges. Don't delay any further. The lawyer  will have to keep your confidence, so if you decide to not go ahead, you can simply forget about matters.


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