QUESTION
What are my rights if I was assaulted at work by another employee?
Asked on Mar 10th, 2014 on Labor and Employment - Wisconsin
More details to this question:
He was fired but I was never given any counseling. I self medicated with medical cannabis due to re-occurring nightmares. Last week I was bitten by a cat on the work property and was told I HAD to go to their clinic not my own doctor, so I had to have a drug test and it came up positive for the marijuana, which I told the HR person I had used due this person assaulting me. The HR woman said to me 'well, he's not here anymore’, but he's still in my head. Do I have the right to sue my work for not providing a safe work environment, if they try to fire my over the cannabis use? I never smoked before work only when I woke up with nightmares. Please can you tell me what my rights are?
10 ANSWERS
Ronald A. Steinberg
You have a workers compensation case. Pursue the criminal case against him also.
Answered on Mar 27th, 2014 at 6:17 AM
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Mar 17th, 2014 at 4:26 AM
3 Awards
You can pursue a work comp claim for the assault if it occurred during the course and scope of your employment. You might also be able to pursue a work comp claim for the cat bite if the drug use did not contribute to the incident. Where do you work that you have contact with cats?
Answered on Mar 12th, 2014 at 6:22 PM
Thomas Edward Gates
They can and will likely fire you since you do not have a doctor subscribed order to use cannabis.
Answered on Mar 12th, 2014 at 6:22 PM
James Eugene Hasser
You have a potential criminal case against the person that assaulted you and a potential worker's comp case for your physical and psychological injuries. Consider consulting an experienced worker's comp lawyer.
Answered on Mar 12th, 2014 at 6:21 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Think you have overeacted. Having a nightmare is not a legal or practical excuse for use of contraband.
Answered on Mar 12th, 2014 at 6:21 PM
Make a worker's compensation claim. Contact an attorney if needed.
Answered on Mar 12th, 2014 at 6:21 PM
I find no assault in your facts, other than the cat assaulting you. You can not have the cat arrested. As to the self medicating, that is illegal in GA, even if you had a valid reason. Ga does not allow medical marijuana. Employer had right to have you go to their doctor, since on the job injury. Employer had right to test you. Sometimes you smoke and loose.
Answered on Mar 12th, 2014 at 6:21 PM
Edwin K. Niles
Yes, see a workers comp lawyer.
Answered on Mar 12th, 2014 at 6:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You MIGHT have a worker's comp case, and could well be dismissed for a violation of the drug policy. Hope you at least have an Rx.
Answered on Mar 12th, 2014 at 6:21 PM