Legal Question in Workers Comp in Illinois

How does a mental disability apply after an attempted rape?

I was physically and sexually assaulted in the work place...the offender is going to prison in less than two weeks and has been convicted of several felonies and must now register as a sex offender for the next ten years. I can no longer work in the enviornment, as the anniversary of the date it all happened is also in two weeks. All parties were aware of the perpetrators intentions as they were in writing and varified by other staff members. Myself and my children are all now medicated for depression. Do I have a case?


Asked on 4/13/02, 12:06 am

2 Answers from Attorneys

Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: How does a mental disability apply after an attempted rape?

You may possibly have a case. This is a very delicate area of injury, for yourself, I'm sure, and also for the law. Proving a sexual assault is work related requires some unique facts that I can't possibly relate here. Our Appellate Court issued a decision about two years ago, involving a nurse, that set the legal requirements for proving a sexual assault case. If you wish to pursue a case, you definitely need a lawyer for this type of injury. If "those writings," you speak of, exist, you should get a copy for yourself as they ARE the basis for proving your case. Without it, you probably can't succeed. If you would like to contact me to proceed with a case, please feel free to call me in Chicago at my toll free number at 1-877-CompJoe (266-7563). Good luck to you.

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Answered on 4/13/02, 9:14 am
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: How does a mental disability apply after an attempted ?

You may be entitled to benefits under the Illinois Workers Compensation laws, but you may also wish to consider whether you have a claim for ual harassment in the workplace. Our office would be pleased to discuss the legal issues involved in both of these possible claims.

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Answered on 4/13/02, 1:30 pm


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