Violently Assaulted By Customer At Work - Need To Know My Rights

**destinyevans** · 02-18-2008, 11:22 PM

I was physically attacked on the job by a guest. I filed assault charges and he has been permanetly evicted from the property where I work. Since this time, I have suffered from panic attacks, uncontrollable crying, I think I see this man every night at work and I am very fearful and apprehensive and guarded. It is to the point that I cannot perform my job. My boss suggested an LOA, suspecting I may have PTSD. We are on a point system and she assured me I would not accumulate any points but no one can tell me about being payed for my time off. She said I may be able to draw on my short term disability and I was given a workmans Comp card but then told I was not entitled to it since my only physical injuries were not serious enough to be treated. Do I need to file civil charges against the man that assaulted me for restitution? ALSO... just minutes before the attack, the man got physical with my boss, then my boss sent me over to observe the man to see if he was intoxicated enough to be cut off. He never mentioned the fact that the man got physical with him. All of this is on video tape. I have also heard that the man who attacked me may have mental issues and on medication and his family brought him out to party for his birthday, knowing of this condition and leaving him unattended while he drank. He did not appear to be in his right mind when he attacked me. I have worked around drucks etc. for years and this was not alcohol induced. He was not provoked in ANY way. He threatened to kill one of my employees and me, being the supervisor, and under the instruction of my superior, simply asked the man if there was a problem and if I could help him with something and he attacked me! Please advise in Mississippi.

**4eyedbuzzard** · 02-19-2008, 07:02 AM

See a doctor about your panic attacks/other issues

See a lawyer about the assault

**Valentino Rossi** · 02-20-2008, 09:50 PM

The workmans comp insurance companys DO NOT want you to have a claim for any sort of mental distress as this can lead to a permanant disablity. Thus putting them on the hook. So any time they can deny this sort of injury, they will fight tooth and nail to deny! Any sort of mental distress, even depression, they will 'deny' if at all possible. I think they are successful in this endevour quite often so most likely they will fight it. And may even resort to dirty tricks in order to deny your claim. Such as so-called character witness or enlisting some 'expert' to side with them in denying the claim. Be ready for a fight. Have your Dr. prescribe a course of treatment regarding this issue so you can start to build a case. Because the insurance will try to deny it(i.e anti depressent meds, or some other medication used in the treatment of the symptoms you are displaying). I hope that you recover from this trauma!

**destinyevans** · 02-20-2008, 10:53 PM

Can I bring civil charges against this employer? I wasn't sure since it is a workman's comp case. I am losing $200.00 per day being off work. I went to a local mental hospital at the advice of risk management dept. where I work to get an assement. They refered me to a therapist and psychiatrist. I took the first available appointment for 5 days from today. This puts me off work for 12 days without pay as I have to have Doctor's permission to be off work. I have the option of filing civil suit against my perp as well as the option of small claims court but that is a $2500.00 max in my state. I am already at that. I don't want to screw anybody. I just want what's due to me and to get my life back. The company I work for is an empire with 48% of the market share in our industry and I'm just a single mother of three trying to make it honestly in this world. Like I said, I was knowingly put in a dangerous situation by my boss and I believe that to be negligent as well as endangerment. All of this is on video tape as well as the portion of my boss being assaulted right before I was sent into the situation. What can I do to secure this tape? The destroy them in 45 days from the date made. I have contacted SEVERAL attorneys and no one will return my calls. Is it that no one wants to get involved in this type of case? I am considering going to Court in the morning for the perps criminal case. I am very apprehensive but hoping maybe by doing so that I can confront some of my fear. Not sure if this is a good idea but I'm getting no support either legally or medically at this point. It's sad that when one truly seeks help...none is available. Please advise as this forum is my only hope at this time. Thank you.

**TalkingHead** · 02-29-2008, 10:01 AM

Destiny,

Sorry to hear about your ordeal. You should know without a doubt that worker's compensation law extends liability for emotional distress, especially when it is connected to a physical injury that arises out of the employment and occurs during the course of the employment. The problem with mental distress cases, however, is that they are much harder to prove. For instance, if he hit you, you could take pictures of the bruises. There is no physical evidence for conditions like PTSD. The difficulty of proof may be why some attorneys are reluctant to take your case.

You may also consider what would happen if you sued the perp himself and got a civil judgment for your damages. There is a real difficulty with collecting from individuals, especially those who have the kind of problems you have desribed with this individual.

My advice is to continue to be proactive in seeking WC representation OR you could file your own claim with the governing body in Mississippi (probably an Industrial Commisison?).