Assaulted By Coworker – Workman’s Comp Question

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Guest: Back on November 25th I got in a fight with my coworker and he rung my bell pretty good. And I called my boss and made a report. And eight says, let it go, let it go. And I, I’m hurt. And it hit me. That happened to my neck. And then three days ago he went off on another coworker and broke his rib. ‘N stuff. And I just don’t know what to do.

Brian: What do you guys do?

Guest: We’re truck drivers. He’s a mechanic.

Brian: So were you on the job at the time of the fight?

Guest: Yes.

Brian: Okay. Was he on the job at the time of the fight?

Guest: Yes.

Brian: Has this guy been known before he hurt you to be a violent individual?

Guest: yes

Brian: Did your boss know it?

Guest: I believe so.

Brian: All right. And how long ago did it happen?

Guest: On November 25th.

Brian: All right. So listen, you’ve got at least a workers’ compensation claim, unless of course you’re an independent contractor or are you an independent contractor?

Guest: No, sir. Hourly employee.

Brian: All right. So you’ve got at least a workers’ compensation claim. And so, um, we do handle those in our office. We, uh, uh, have a gentleman by the name of Scott Decius who does an awful lot of worker’s comp and we always refer those to him and we’d love to, we’d love to make sure that he can give a call to you and answer, you might even have another case against your employer if you can prove, uh, what’s called an intentional tort. That means if the employer knew that you are more likely than not, and even stronger, that then that going to be injured by this individual who’s got such violent propensities. You follow what I’m saying?

Guest: Yes sir, yes

Brian: All right. So listen, you keep treating and make sure it turned that workers’ compensation claim in and, uh, we’ll get somebody back with you. Try to get Scott in the phone with you, uh, to see if we can help you out. I’m sure that we can, okay.