staywide8 Posted March 3, 2008 Report Share Posted March 3, 2008 Question for you guys, since some of you will know more about this then I will. I had two employees get into a fight at work. Basically, one guy walked up to another, acosted him saying he was starting rumors. The other gentleman told him he was wrong, told him to get out of his face, and turned to leave. The original guy swung, hitting him in the jaw. The guy that got hit, went immediately to the supervisor. Long story short, both got written up, and they left it alone. Well the guy that got hit has been in pain, so he went to the doctors today. Come to find out, his jaw is broke. I feel horrible for this guy, but besides filing workers comp, I dont know what else to tell him. Anything legally he can do? Thanks in advance. Quote Link to comment Share on other sites More sharing options...
HotCarl Posted March 3, 2008 Report Share Posted March 3, 2008 Anything legally he can do? Thanks in advance. Ummmm yes. File a police report and charge the other man with assault. In or out of the work place that guy was assaulted, the first guy was obviously trying to provoke him to a physical conflict, when that didnt work he hit him. Im guessing when the guy is arrested he'll probably lose his job so, two birds one stone. Quote Link to comment Share on other sites More sharing options...
staywide8 Posted March 3, 2008 Author Report Share Posted March 3, 2008 True, and I will pass that tidbit along. Anyone know if a fight it considered a workers comp claim? I know he's going to file one. Quote Link to comment Share on other sites More sharing options...
Doug1647545489 Posted March 3, 2008 Report Share Posted March 3, 2008 While at a minimum he should be terminated. If he wants he can press charges. Quote Link to comment Share on other sites More sharing options...
HotCarl Posted March 3, 2008 Report Share Posted March 3, 2008 True, and I will pass that tidbit along. Anyone know if a fight it considered a workers comp claim? I know he's going to file one. Thats like saying he got injured on the job but it wasnt job related. Thats a bit fuzzy. I doubt he can lose anything by trying though? As long as he really is injured and not just trying to milk the system. Quote Link to comment Share on other sites More sharing options...
Bgbdbn Posted March 3, 2008 Report Share Posted March 3, 2008 I wouldn’t think it would be a workers comp claim. I know they asked me a ton of questions when I hurt my knee on when and where it happend and what I was doing. My guess is that the guy would file an assault charge and the other guy would be responsible for all medical expenses. Quote Link to comment Share on other sites More sharing options...
WWD JUNK Posted March 3, 2008 Report Share Posted March 3, 2008 Just make sure that management had no prior knowledge of any threats of violence, or behavior of this type coming from the one who initiated the fight. The injured worker will then have cause to go after the company for providing an unsafe work environment. Quote Link to comment Share on other sites More sharing options...
Guest mrhobbz Posted March 3, 2008 Report Share Posted March 3, 2008 Just make sure that management had no prior knowledge of any threats of violence, or behavior of this type coming from the one who initiated the fight. The injured worker will then have cause to go after the company for providing an unsafe work environment. +1 Quote Link to comment Share on other sites More sharing options...
iwishiwascool Posted March 3, 2008 Report Share Posted March 3, 2008 Where the Eff do you work that you can punch someone and still be employed?? Quote Link to comment Share on other sites More sharing options...
cptn janks Posted March 3, 2008 Report Share Posted March 3, 2008 West Side Quote Link to comment Share on other sites More sharing options...
V8 Beast Posted March 3, 2008 Report Share Posted March 3, 2008 West Side I'm C-walkin in yo cubiclz throwing up the dubba-u Quote Link to comment Share on other sites More sharing options...
GonneVille Posted March 3, 2008 Report Share Posted March 3, 2008 Yeah, as soon as knuckle met jaw, knuckle-owner should have been the new NON-employee of the forever. If he isn't going to be fired, you would be doing a smart thing if you made it as easy as possible for him to leave the company. Quote Link to comment Share on other sites More sharing options...
Kevin R. Posted March 3, 2008 Report Share Posted March 3, 2008 How is he not fired? Sounds pretty neglegant to me. Quote Link to comment Share on other sites More sharing options...
Guest mrhobbz Posted March 3, 2008 Report Share Posted March 3, 2008 How is he not fired? Sounds pretty neglegant to me. Sounds to me like a lawsuit. Quote Link to comment Share on other sites More sharing options...
staywide8 Posted March 3, 2008 Author Report Share Posted March 3, 2008 I work at Dennis Hyundai of Easton. In regards to how hes not fired, I dont know. Is it a law to fire one when someone gets physical? I think he should be fired, but of course am just a peon in the grand scheme of things. Quote Link to comment Share on other sites More sharing options...
V8 Beast Posted March 3, 2008 Report Share Posted March 3, 2008 FYI... At this point in time any employee close to the matter can probably sue and win (if not win they can still give you a big headache about how the matter was handled). By not terminating employment of the guy that threw a punch you are helping to promote a hostile work environment... Quote Link to comment Share on other sites More sharing options...
Kevin R. Posted March 3, 2008 Report Share Posted March 3, 2008 I actually had something similar happen to me when I worked at a dealership. I was 17 at the time and the salesman was like 40. Grabbed me around the neck and put me on the ground. He didn't get fired and I regret not doing anything physically or in court to this day. Quote Link to comment Share on other sites More sharing options...
staywide8 Posted March 3, 2008 Author Report Share Posted March 3, 2008 Ive done my best to persuade him to press charges. He says he plans on filing assault charges. Hope somethign comes of it for him Quote Link to comment Share on other sites More sharing options...
ImUrOBGYN Posted March 3, 2008 Report Share Posted March 3, 2008 Question for you guys, since some of you will know more about this then I will. I had two employees get into a fight at work. Basically, one guy walked up to another, acosted him saying he was starting rumors. The other gentleman told him he was wrong, told him to get out of his face, and turned to leave. The original guy swung, hitting him in the jaw. The guy that got hit, went immediately to the supervisor. Long story short, both got written up, and they left it alone. Well the guy that got hit has been in pain, so he went to the doctors today. Come to find out, his jaw is broke. I feel horrible for this guy, but besides filing workers comp, I dont know what else to tell him. Anything legally he can do? Thanks in advance. Guy who punched the other guy = FIRED Guy who was punched = If so chooses, can press charges and/or sue for damages I do not know the specific work comp laws concerning such a thing. I do know that generally with any work related injury or work comp case, those involved are usually drug tested first. This is a good way to keep from having to pay work comp to the employee and/or a reason to fire one. But this is mute as at least the attacker should be fired and possibly the "victim" suspended until an investigation of some sort. If the "victim" had, in fact, provoked the attack (I use provoked here loosely for the sake of time/detail) in some manner, he should be fired, too. However, Now, a question for you. Are you one of these two guys? I ask because your post implies that perhaps you may be the supervisor of these two guys or something yet you don't know the workman's comp laws here? Sounds like one of those, "Well, I got this friend, and I, uhh, I mean, he did this thing, etc, etc. Quote Link to comment Share on other sites More sharing options...
Jelloman4571647545499 Posted March 3, 2008 Report Share Posted March 3, 2008 hopefully better techs that dont fuck up my cars It does suck when this happens. I cant believe no one was fired though Quote Link to comment Share on other sites More sharing options...
staywide8 Posted March 4, 2008 Author Report Share Posted March 4, 2008 No, Im a service advisor, they are my techs. But I'm not technically in charge. Quote Link to comment Share on other sites More sharing options...
staywide8 Posted March 4, 2008 Author Report Share Posted March 4, 2008 Anyone have any concrete proof that something would have to be done? I've looked for ohio labor laws, but cant find any. Quote Link to comment Share on other sites More sharing options...
JuicedH22 Posted March 4, 2008 Report Share Posted March 4, 2008 Well, dont know the rest of the story (what was said between supervisor and employees) BUT, that guy is sitting on a gold mine with regards to a law suit against the company, as well as criminal charges against the man who hit him. He has proof of injury from the doctor AND witnesses that show he got assaulted in the work place without provocation. He is a dumbass if he doesnt sue the company, and the assailant Quote Link to comment Share on other sites More sharing options...
spankis Posted March 4, 2008 Report Share Posted March 4, 2008 Well, dont know the rest of the story (what was said between supervisor and employees) BUT, that guy is sitting on a gold mine with regards to a law suit against the company, as well as criminal charges against the man who hit him. He has proof of injury from the doctor AND witnesses that show he got assaulted in the work place without provocation. He is a dumbass if he doesnt sue the company, and the assailant This talk of "sitting on a goldmine" is a shame. There are already too many frivolous lawsuits to go around, nobody needs another one. It seems perfectly legit for the guy to sue for medical bills, lost wages, maybe some mental scarring, etc. etc., and maybe just a couple grand for the trouble. However, to look at it as a "goldmine" and a way to just milk all the money you can out of the situation, beyond what you're realistically deserving of is pretty lame. Quote Link to comment Share on other sites More sharing options...
V8 Beast Posted March 4, 2008 Report Share Posted March 4, 2008 If the company is smart they should terminate the guy who threw the punch. When it comes to something as severe as combat or abuse you should take the route of making sure it doesnt happen again rather than "hoping" it doesnt happen again. As far as workers comp is concerned ... The incident did happen on the job, however the cause of it was another person. If it was a slip and fall, or a "he hit me by accident while picking up a box" it would be a different story. He can file for workers comp but I'm about 95% sure it would be denied. Quote Link to comment Share on other sites More sharing options...
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