Horseplay resulting in my injury.

[john4257]

On Feb 29th. I was assaulted by two employees who came after me and taped me to a dolly. I fractured my collarbone when the dolly was picked up off the floor while I was taped to it, and having no way to brace my I got injured. I went to Doctors Care, where the Doctor told me nothng was broken, I am putting you on light duty. My boss said there is no light duty. About a week later, I went to the VA Hospital on my own and was told my collarbone was fractured. I will be having surgery on it Oct 31st. The insurance company denied my claim stating that our stories were different, the people involved are saying we were all horseplaying. How can I be involved in horseplay when I was doing my job and these two guys came after me and taped me to a dolly? Workmens Comp hearing will probably be sometime within the next two months. The real kicker is my boss tried to write me up for horseplay and then tells me "oh, i dont think this was your fault" . He didnt even fire these guys, he just wrote them up. They assault me, then they get to keep their jobs. I have been out of work, for 5 months, with no income, practically homeless. Going to a deposition on the 24th of this month, and I am really angry right now. How can two guys attack me like that and get away with it. Its not the first time they have tied me up and started crap. I am looking for anyone with any comments on horseplay and what my chances are of getting Workmens comp in this situation. At this point, I want to sue the company, because I told my supervisor I could not control these two guys when they are together and nothing was done about it.

[RNvic]

This is abuse and if your supervisor has been told before about this then you need tlo file a EEOC claim. It is his job to make sure things like this do not go on at work. I would be talking with a w/c lawyer/ personal injury as well.

Welcome to the forum family, come often, ask questions, or just share.

Tinkerbell

[1171]

you can contact the police and file an assault charge against the co-workers.
you may have a difficult time finding an atty who will try a civil suit against the employer but, in one sense, the denial of the work comp claim works in your favor.
the civil court may well look favorably on your claim to a civil remedy when the employer is not providing work comp benefits.

[jayne]

PM Bad Boy bad boy he was also injured by co-workers

[hurt at work]

those guys need to be fired for that crap.my old employer would fire you for that stuff.there is no call for stupid stunts like that at work.i hope your employer is not taking this out on you.i would be talking to a lawyer or two soon.good luck my friend.

[Bad Boy Bad Boy]

John, the Law states, (No person shall be held, without their consent), being said, you still have time to go to the local police station that would be servicing that area of your work. Then not only file a complaint, but then also file Civil charges against the Companies Boss that new this was taking place. Now I would suggest you do this in a day or so, and then write back here at the board. Once your made charges with the Police, find an Attorney that will handle them cases and also your Civil Cases that will work for free till the case is won. There are many Attorneys that will do this for you. Because you have a good case. You can sue Co-workers after the charges went to court and they are found quilty. Remember Co-workers would need assets to sue. If their on any kind of state aid, this makes them exempt from being sued. Now even if they have no assets, sueing them can force them to have a terrible life of paying money to you through their employment checks, till what ever amount ordered by the court has been paid to you.

http://www.wftv.com/news/15876654/detail.html

[Bad Boy Bad Boy]

John, it would also help more for future opinions to apply directly to your State needs.

So, we would need to know what State this is in.

You can also modify your profile here to add your State in it which is always better for down the road post.

Welcome to the Board and feel free to ask what you wish.

Bad Boy