Legal Question in Workers Comp in California
I was terminated on a job after over 15 1/2 years of service.
On Thursday November 11, 2010 I was assaulted by a guest at work. Following the initial attack by a "non- guest" (not responding to the guest attack) the guest picked up a chair hitting me in the knee. In response to the attack ( in fear for my safety, employees and other patrons) I responded to the attack. I open handed push the attacker away. My attacker continued to pursue me, when my employees step in to shield me so I could call for casino security for help. The attacker then assaulted employees and other patrons resulting a patron needing immediate medical attention before being apprehended by casino security. Following the attack I continued to work to restore order to business not focusing on myself. I was questioned by numerous officers " I continued to state I was accosted(assaulted) and chair was thrown at me. One hour later my manager and assistant director removed me off the floor ending in sending me home and using my sick hours for the following day. Before leaving work I began to have a pain in my right knee. The same knee in which I was hit with the chair). The pain intensied when I got home. The next day, I went to the doctor and diagnoised with ligament tear (I did not tell the circumstances of how my injury occured to the doctor). On Friday November 12 I received called by Human Resourses to notify me that I was terminated. During our coversation I did state I was hurt during my attack.
What can I do? Do I have a case to pursue?
2 Answers from Attorneys
You absolutely do have a case to pursue. Talk to Human Resources and ask them to send you to their workers comp doctor for treatment due to the attack. If that does not result in your treatment, feel free to contact me.
You do have a case, however, I disagree with the above answer. If your employer failed to send you for medical treatment immediately, then you have medical control. If you allow your employer to send you to their doctor, then there's a good chance that they will release you from medical treatment before you have fully recovered from your work-related injury.
The next step is more difficult. Since it appears that you have medical control, you must find an applicant friendly doctor. This is at least one area where an attorney should assist you.
Workers' compensation is a very complicated area of law and you should consider a free consultation with my office. Please contact me at 1.877.505.INJURY.
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