Legal Question in Personal Injury in West Virginia

Can words provoke an assault

Can mere words provoke an action? While I was at work acoworker was asking a male worker whether he still dyed his hair. I stated I thought you were alittle feminine. He turned around and punched me hard enough to not only bruise my arm but hit a nerve and I couldnt raise my arm. I had to go to the Dr who put me off for 3 days.The bruise on my arm was 4''x5''. Now Im being told I cant get comp time because it was horseplay. At no time did I ever touch him. Is this legal? What should I do. At no time did the employer get in trouble for hitting me.


Asked on 11/12/05, 6:04 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Can words provoke an assault

In my opinion, no. You were the victim of battery. Not only is the battery actionable as a tort, but the act is a crime. I am not convinced that your verbal response is horseplay and not covered by workers comp. I suggest you consult counsel for advise as to all three remedies.

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Answered on 11/13/05, 11:35 am


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