Assaulted by a customer

[VAsinglemom]

What is the name of your state? Virginia

My boyfriend was recently assaulted by a customer at work. It was not a provoked attack, nor was it a two-way fight. My boyfriend received some pretty bad injuries including a possibly fractured cheekbone and numerous lacerations and bruises over his entire body. He did not fight back. He did file a worker's comp claim which paid for all of the medical expenses and his time missed from work.

My question is this: Can we sue the employer at all? My boyfriend was alone at the time the incident happened, with no other supervisors on duty and the manager had left work for the day and left him there by himself.

 

[moburkes]

Sure, anyone can sue anyone else for any reason.

 

[racer72]

Another contestant in the Deep Pockets Lottery©.

 

[moburkes]

Another contestant in the Deep Pockets Lottery©.

Yep. Especially considering:

My boyfriend was recently assaulted

Then she asks:

Can we sue

1. She wasn't assaulted
2. She wasn't injured
3. She's not even RELATED to the person who was assaulted, but she's looking for $

My question is:
What did the employer do that they should be sued?

 

[VAsinglemom]

The reason I ask is because we feel someone should be held responsible for this. My boyfriend has suffered anxiety, depression, and is fearful of going to work since this happened. Shouldn't the employer be held responsible for an incident of this type that happens on their property to an employee who is working at the time?

As for the "deep pockets lottery" comment... have you ever been viciously assaulted out of the blue? Do you have any idea what it feels like to be the victim of a violent crime?

 

[weenor]

What is the name of your state? Virginia

My boyfriend was recently assaulted by a customer at work. It was not a provoked attack, nor was it a two-way fight. My boyfriend received some pretty bad injuries including a possibly fractured cheekbone and numerous lacerations and bruises over his entire body. He did not fight back. He did file a worker's comp claim which paid for all of the medical expenses and his time missed from work.

My question is this: Can we sue the employer at all? My boyfriend was alone at the time the incident happened, with no other supervisors on duty and the manager had left work for the day and left him there by himself.

Workers' compensation is the SOLE remedy that a worker has against his employer. Bf can sue the customer, but that's it. (btw- if he won a judgment against the customer, he would have to pay back the w/c carrier.

 

[VAsinglemom]

I said WE because I'm posting for him. Though if HE won any kind of settlement, I'm sure it would benefit me as well, seeing as we live together and have two children. I don't see how RELATION has anything to do with it. Would his second cousin benefit from him winning a lawsuit simply because he's RELATED?

Weenor, thank you for being the only helpful person to reply. That's what I had already told him, but he wanted me to post anyway.

 

[moburkes]

I said WE because I'm posting for him. Though if HE won any kind of settlement, I'm sure it would benefit me as well, seeing as we live together.

Weenor, thank you for being the only helpful person to reply. That's what I had already told him, but he wanted me to post anyway.

So because HE has anxiety, depression, and is fearful of going to work..YOU should benefit because you live there. So, he shouldn't put the money away for retirement or future children/grandchildren, or give it to charity because YOU want to benefit. Just like I already said.

 

[VAsinglemom]

I never said I SHOULD benefit, I said that I'm sure I would. Just as HE benefits from any money that I bring in. I also never said he couldn't do as he pleases with the money (put it in savings, etc). Jesus. I was asking for some advice because HE wanted to make sure that my instinct was correct, not because I want the goddamned money. HE WANTS THE MONEY. I just wanted to help him find out if he should file a suit or not.

 

[You Are Guilty]

I still don't get it - why sue the employer and not the assaulter? What did the employer do?

 

[moburkes]

I still don't get it - why sue the employer and not the assaulter? What did the employer do?

Because (and I quote):

HE WANTS THE MONEY.

 

[VAsinglemom]

moburke, go away. You're no help at all. Why does anyone sue besides wanting the money? He feels he's owed it. He was very badly beaten in a situation that could have been easily avoided had he not been left alone. Of course he wants the money! Why would anyone file a lawsuit if they didn't want any money? Seriously. I already told him that since his employer paid the worker's comp claims he's probably not entitled to anything else, but he feels he was left in a dangerous situation by being left by himself on the property. The business he works for is at an interstate truck stop. Not exactly the safest place around. Anyway, since we've established that he wants the money the real question is; is he entitled to it?

 

[loveumms]

Like others have said, you can only sue the person that assaulted him and if you win, it doesn't always mean you will get that money. Since, the person that assaulted him probably isn't a law abiding citizen with a well paying job, if you win a settlement you will still be faced with getting the money (which isn't always easy). Not only that, if you have to hire an attorney, they will paid before you do.

If W/C paid for his medical bills then he got what he was entitled to from the company. Your boyfriend/husband likely knew that when he started working for a truck stop that he might be faced with customers who are not always the friendliest. Just like taking a job at a gas station - you know that you might be robbed and have a gun pointed in your face. Unfortunately, that is one of the downsides of jobs of that nature. Him being left alone is not a reason to sue the employeer - he had the free will to get another "safer" job however, he choose to stay at that one and no one forced him to do that. I'm very sorry that he has to go through such a horrible event but, it doesn't entitle him to money from the company besides what he already got.

 

[VAsinglemom]

Thanks! That's exactly what I told him, but we wanted to see what the general concensus on the subject was. He has a few interviews lined up for a new job, so hopefully something will pan out and he can get this whole terrible mess behind him.

 

[You Are Guilty]

Well, in the spirit of "completeness", there may be an exception. A big MAY. First, anyone familiar with Virginia's rules regaring "grave injuries" vis a vis Worker's Comp? (I know West Virginia has the exception, but I don't know Virginia's law offhand and don't have time to check).

Second, even if the exception exists, we need their definition of "grave". (From the description given, it doesn't sound like boyfriend's injuries would qualify, but you never know.)

Hopefully, a redneck with some VA WC background will chime in soon