Legal Question in Workers Comp in California

I was smacked in the face today at work 5 times by another employee and so I told my Ast.manager that I was smacked and wasgoing to clock off and go home.I want up to change and he asked me not to leave and then said that we would talk about it on monday this happened on saturday.sunday was day off for everyone .But I had to work round the person who smacked me in the face for the rest of the day.My manager did not even talk to him about what happened I have two people witnessed this happen.What Should I do for manday Should get an attorney is there a lawsuit that can be filed.

Thank you for your help


Asked on 4/02/11, 9:57 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

I assume this happened last week and not this weekend, so there should be an update to the facts. In any case, you can file a civil suit against the employee for assault and battery but unless you can show the employer ratified the co-employee's conduct you are limited to a Workers' Compensation claim against the employer. Since there appears to be no physical or psychological injuries, medical treatment, or time off work, there is nothing you would get from WC. If your co-worker has no assets, what good is a court judgment against them. You can report it to the police, but they will require that you have to press charges since they were not present at the incident.

So there is not much we can help you with. Why do you not re-post in a week or two what happened with the supervisor and what they did to the co-worker.

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Answered on 4/03/11, 4:07 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You have a valid worker's compensation claim for both psychiatric and physical injuries. You need to substantiate yout claim by medical reports. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 4/04/11, 10:52 am


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