Legal Question in Employment Law in California

He can certainly sue the other employee for assault if it makes economic sense to spend time and money doing so. However, unless the employer is 'failing to protect from reasonably foreseeable harm', there is not a strong cause of action against them for a one time problem. If the other employee can somehow be shown to actually pose a threat of harm, you could have a cause of action. But, if the employer imposed 'reasonable' discipline at the time sufficient to cure the problem, and there is not clear threat by the person continuing employment, then your uncle is 'overreacting'. If your uncle is serious about getting legal consultation on ALL the facts, and possible help in dealing with the employer, feel free to contact me.

His best option to seek treatment (physical and psychological) by a treating doctor under worker's compensation laws and file a claim and application for WCAB benefits that will get him temporary disability benefits, a settlement for permanent disability benefits , paid present and future medical treatment and vocational rehabilitation. Feel free to call us at 213.388.7070 for a free consultation.