Monica: Injured at work by a drunk customer
This is a discussion on Monica: Injured at work by a drunk customer within the Injury & Worker's Compensation forum, part of the ACCIDENTS, PERSONAL INJURY, INSURANCE category; Hello, A few hours ago I got injured at work. I came up to the table to check if the ...
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#1 |
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Hello,
A few hours ago I got injured at work. I came up to the table to check if the customers need anything, and suddenly one of the customers at the table who was drunk, got up, grabbed me, lift me up and dropped me on the floor, then he tried to sit down and landed on top of me with his chair. I hurt my neck, my left hand, all my right side at shoulder-back area, got several bruises and a few swelling spots on my back. It happened very quickly: I fell on the nearest table and fell down underneath that table on its iron floor base. When I got up, I felt some numb pain, that guy that threw me and fell on me, asked if I was ok. I said "No". I was shocked and I said I need to go to the restroom to apply some cold water. So, I did. In a few minutes I went back to the table feeling a crazy pain in my right shoulder and arm and started feeling like I'm getting paralized. I told that guy that did all of this to me that I'm having a crazy pain. and also that "I don't understand why you did it, because you have no right to touch me but you did injure me". Therefore, he did admit that he dropped me down on the floor. He said he was sorry but his words wasn't going to cure my enormous pain. I couldn lift my right arm it became very weak. Then I told him that I am going to call police. That should be a right thing to do. He said: I admit I did it to you, so let's go talk to the manager. I agreed to go talk to the manager because I was sure the manager will do a right thing and the problem will be solved somehow since he should know more what to do in situations like this. I told that guy that I don't have insurance and now I definately need to go to the emergency room to make sure I didn't break my neck and won't stay handicapped till the rest of my life because of him. Since it is his fault we should decide what to do. Well, we came up to the manager, that guy admits his guilt in front of the manager. The manager says: the only thing we can do it's just kick him out of here. Stop talking to him, I tried at least to get some information about that guy that injured me such as His First and Last name in case if I have a serious injury but my manager didn't let me do it saying we cannot do anything about it. That guy and his friends didn't use a credit card to pay their bill, therefore I had no chance to find out his name. But all his friend saw what he did and even said: talk to him, and we don't want to be involved and they left as soon as they could .But they are weatnesses of how the injury incurred. I really hope that all of this is recorded on the camera. But when the manager didn't let me talk to that guy anymore, didn't let me call police and just let that guy go, I was so upset crying and I asked him: Can I get some ice at least, please? The manager said: go to the bar and get some ice. He didn't even offer to get the ice for me knowing that I'm struggling with pain and he just let the offender go. I went to the restroom again and discovered even more swellings than I've noticed the first time. I went back to the manager and asked him to take a look at my injured back because first time he rejected even listening to me. He just said: I believe you, you don't have to show it to me. If you want you can go home. And after that he kept on ignoring me. I showed my back to a few co-workers and they were shocked. They told me they feel sorry for me. I hardly drove myself home. Then I was sitting and crying because of a very strong pain, without knowing what to do, and because I cannot afford to go to the emergency room. I would be very thankful to you, if you could give me a legal advice: I assume, I can sue my workplace and the manager for negligence when he let the offender go, didn't provide safe conditions at the workplace and, actually, he yelled at me in front of that guy that hurt me that I just have to leave it alone and let it go. I think the manager should be the first one to suggest to call police to record everything on the spot but he prevented that. Please, tell me what to do! I'm sitting at home in pain. Please, let me know how to get justice done. Thanks a lot, Monica |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,564
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I wish to inform you that as the man had intentionally injured you may file a criminal complaint against the man at police. In this police may even investigate the role of manager in making the accused go out of store without information and manager may face a possible charge for helping accused. In this regard as you were injured while performing your duty therefore you may claim compensation for injury at work. There is a vicarious liability on your employer to provide compensation for injury happened to you at the store.
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