I was brutally assaulted by a co-worker and knocked unconscious, hitting the concrete while unconscious he continued to hit me. There are witnesses. I had no chance to defend myself. I have serious injuries and was told I need to see a medical specialist. I have no money to pay for this type of medical care (we lived paycheck to paycheck and I have 2 children).
The day after my accident I was told not to come back to work and did nothing to the guy who assaulted me. Apparently someone told him I said something which I didn’t, but yet I was fired. What can I do? Do I have a viable lawsuit against my coworker and/or employer? Thank you for any information you can give.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
You may have a legal claim against your coworker, but to have a claim worth any substance you will have to have documented medical injuries. The first thing to do is see your local doctor and determine if you are injured, and if so, what those injuries are.
The same would apply to your relationship with your employer. Unless you were working under a written agreement of employment, or your employee manual affords you the right to appeal a termination you may not have a valid claim against your employer for either wrongful termination or personal injury.
Hopefully at the time of the assault you contacted the police. Filing a criminal complaint would be very supportive of your claim. If the assault took place and the person who assaulted you was arrested, the arrest would also be quite important to your claim.
If the person who assaulted you was arrested and placed on probation, part of his probation requirements should be to pay you for your medical costs and resulting treatment.
Learn more here: Assaults and Workplace Violence
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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