Injured by a Co-worker...

by James
(Memphis, TN)

I work as a produce clerk in Memphis. I was in the cooler reaching to get a crate full of grapes when my co-worker threw 2 large apples at my lower back close range...FOR NO REASON!

This co-worker has been causing problems for a very long time. He plays around too much and has a very bad temper problem. The managers know about his misconduct and behavior but they didn't fire him.

My manager told me to write a statement down. I did and gave it to her but nothing was done. Now my back is hurting again because I was in a car accident 2 yrs ago. Is there anything I can do?

Visitor Question:
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ANSWER for "Injured by a Co-worker...":

James (Memphis, TN):

Legally there is little you can do. Unless you can find a doctor who will verify your injuries were as a result of the employee having thrown apples at you. If you are a member of a union you can ask your steward to intercede and speak with the your immediate supervisor of the management. Although they may not be able to get you any money, they may be able to help in getting this employee fired.

There is no reason for a fellow employee to be assaulting other employees. Tell the management and the employee the next time this employee assaults you it will be necessary for you to call the police and file an assault complaint against him.

Threatening management with something like that might tend to adversely affect your relationship with them, or worse, fired. But you shouldn’t hesitate to threaten the employee with police action if he assaults you in any manner again. Hopefully the employee will get the message.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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