Hurt by another employee

[zenhuman]

What is the name of your state? ky
This might be long, sorry! I was working for a whitewater rafting company this summer. In this job, you must carry your raft(by turning it upside down, resting a thwart on your shoulders and reaching your arms up to support the other thwart) by yourself down a trail to the water. I had the lightest raft which was about 80lbs. These rafts are akward to carry, and one little bump against an object can throw you off. I was carrying my raft to a resting point, where we prop them up against a tree so we can rest, when a male employee (apprx 6' 230 lbs)kicked the raft that i was underneath and carrying (i am female, 4'11", 120 lbs). this caused the entire raft to tilt left, putting all the weight on my left side, i tried to correct it brought it back up,and it fell to the right. He did this on purpose because of a comment i had made earlier about him being a bully. after the physical incident, he verbally harrassed me by telling me to "watch my back" while on the river. afterwards, another employee told him she thought that he hurt me, he said he didnt care,he hoped he hurt me, and that i deserve it. well, i was hurt, i severely strained some muscles in my back, preventing me from working for the last 3 weeks. The employer was told about the incident, however, took no action towards the male employee, except for not letting us work together. The employer never offered to fill out an accident report or give me any type of help, even after they knew i had gotten hurt from this specific incident. I went to a chiropractor twice and paid for it myself, after I found out that I needed to go to a Dr, i approached my employer and told them there was no way I could pay for it. They were super hesitant, and actually were mad at me when I suggested they help w/wc...this was 5 days after the incident, in which i had to approach them about getting help. they did give in, and i am dealing w/wc right now. I cannot work because of dr's restrictions, and i am now going to physical therpay. I went back to get my paycheck one day, and noticed that my picture was not out front anymore (they have a board with all of the employees pics on it)I never told them i quit, i told them i couldnt work due to my injuries at the time. Its funny, because the guy who hurt me, still has his picture up there. my question isnt about wc, as i am dealing with that right now, and thats a whole other story..but i am wondering if i have any rights as an employee, being hurt by another employee and the employer taking no action at all, even after they knew i was hurt by that employee. they knew about the incident and me being hurt for 5 days before anything was done, and the only reason that was done, is because i said something about it. is there anything i can or need to do here, or just forget it?

 

[JETX]

"but i am wondering if i have any rights as an employee, being hurt by another employee and the employer taking no action at all, even after they knew i was hurt by that employee."
*** Very likely, no. The fact that the employer has workmens compensation coverage exempts them from normal claims as to on-job injuries.

"is there anything i can or need to do here, or just forget it?"
*** Based on your post, it is possible that the other employees conduct meets the level of criminal assault. You should consider filing a police complaint on his conduct. Further, you can consider possible litigation against him and recover possible pain and suffering plus punitive damages.

 

[jackson24]

i think

I think that their negligence(emploers) to address/acknowledge the problem is what makes them liable not the incident. Basically they prolonged your pain and suffering by doing what they did. As for him if you file a suit against them you will have to file assault charges against him. Any lawyer would certianly want you to do that. Looks like alot of BS that you have to go through. I cant believe that that big of a guy would pick on a small female like you and no one took any action against him. Go file charges on him pronto

 

[JETX]

I think that their negligence(emploers) to address/acknowledge the problem is what makes them liable not the incident.

And clearly, and with all due respect, you have no idea of what you are talking about.... or no legal experience/education.

Basically they prolonged your pain and suffering by doing what they did.

Oh, please, tell me where that is the case. Did the employer create the situation?? No. Did the employer promote it? No. Did the employer prevent the writer from seeking treatment?? No.

As for him if you file a suit against them you will have to file assault charges against him.

Let me make this VERY simple for you.... please give us ANY example of where the employers conduct was negligent or a contributing factor to the injury. Hell, the writer says NOTHING about the employer having prior knowledge of the feelings of this person, who just happens to be a fellow employee.

 

[jackson24]

oh yeah

File a police report ASAP. This may sound extream but you need to protect your self. Also take notes write everything down what you said what they said witht the time and date. what the other employeee said to you. Get a taperecorder from Wal-mart stick it in your purse and talk to the other employee again about it. That way you have it all on tape. If you talk to anyone from your job Tape it! Phone calls TAPE EVERYTHING. Now is no time to worry about them being mad. Because they will be mad anyway. At the very least write up exactly what was said right after your conversation. Did you fill out an incident report? Did you file a grivance report? If not do so ASAP and mail it certified mail. You have a workmans comp claim and a 3rd party claim. You will need and attorney, this is going to get real sticky. Call around and ask about experianced Workmans Comp attorneys. I'm sure that once the companys insurance see's your report they will have the employer fire him. So to recape, Write everything down as in what happened and to whom you and he said what to. Who saw this and what they said. Refere to this notes and the police report( both of which should say the same thing)when you are questioned. The insurance company will compare both and play off anything that doesn't match! You may even get pictures of the secene and your boat! Save all your pennies!!!! Get well soon and Good Luck!

 

[Arcari]

Hurt by another employee...you have rights

here is some info for you:
You are protected under both:
Equal Employment Opportunity Commision, and the US Civil Rights Act.
Louisville Area Office
600 Dr. Martin Luther King Jr. Place Suite 268
Louisville KY 40202
(502) 582-6285
or (800) 669-4000 to be automatically connected with the EEOC nearest to you.
You can file a claim against your employer and against your co-worker who got you injured, keep the receipts for the medical costs with your chiro regarding you injury, also, if your employer fired you because of your injury or WC claim, he is gonna be in big trouble, you may want to get a W.C. attorney and ALSO tell him/her about the harassment from your co-worker, he may suggest you get an "employment law" attorney for that particular case (the harassment), you can check in the phone book and start calling several EMPLOYMENT LAW attornies to evaluate your case (for free), they will tell you if you have a case and file a law suit on harassment, as far as I know that is different from W.C. and is not covered under the W.C. Ins. Don't let that jerk get away with it. ANd don't let your W.C. attorney handle your harassment claim, they simply do not have the expertise in harassment. Good luck.

 

[JETX]

here is some info for you:

Okay, so you can read a friggin' phonebook. Congratulations!!
Yet, you can't seem to read that you're making a post to a thread that is over two MONTHS old!!!

Not even to mention that the issues raised by the OP have absolutely NOTHING to do with the EEOC or Civil Rights, making your drool-filled post even more ludicrous.