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View Full Version : Can I sue my employer because I was stabbed at work?


lane4747
Sep 24, 2012, 03:21 PM
Hi There,

I was working for a fitness club in a management position. While working out with another staff member, I was randomly attached by a member and stabbed 7 times with a 5" hunting knife. There was no altercation or words exchanged (the attacker was charged with attempt murder but plea bargained down to aggravated assault which he is now serving time for).

My question; can I sue my employer for providing an unsafe work environment? This happened at 2pm in the afternoon. The club is part of a national chain and was a takeover club (formerly owned by another company). Every club in this chain is outfitted with turnstiles and video cameras, ours was not even though it had been with the new owners for over three years.

There is very little remaining physical damage (some numbness and tightness in my left leg, very minor reduction of mobility to right lat, lots of scaring), but the emotional and mental side has been a struggle.

Not related but, the same company also pressured me to take a promotion three months after the incident and wrote me up for under performance all while I was going through the criminal court case for this incident.

Also not related but of note, my position had its compensation package restructured (for all people in this position, 300 employees) in July. We were brought into a meeting individually in April and told if we did not sign the new agreement in front of us we would be terminated as of June 30th, 2012. The new compensation model effectively reduced my income by $700 - $1200 per month.

Is it best to pursue these items individually?

what sore of compensation would I be looking at for each of these?

smoothy
Sep 24, 2012, 03:23 PM
No... but you can sue the guy that actually stabbed you.

Fr_Chuck
Sep 25, 2012, 12:43 AM
You may sue the person who stabbed you.

I don't see any evidence that they provided a unsafe work place. Did they allow people to carry weapons into the club normally ?

Did someone see him with the knife and not say something?

The few missign items are not standard in most fitness clubs and even if in place would not have stopped him.

The question is still why ? Was that ever answered ? Was he upset about club policy, refused a refund ? Was there anything the company did , that caused this to happen.

AK lawyer
Sep 30, 2012, 06:45 PM
Your injuries would be covered by workers' compensation. Workers' comp. statutes in some jurisdictions provide that WC is the exclusive recovery afforded against an employer for injuries sustained in the workplace.

And, of course, you have not suggested anything which would suggest negligence on your employer's part anyway.


...
Not related but, the same company also pressured me to take a promotion three months after the incident and wrote me up for under performance all while I was going through the criminal court case for this incident.

Also not related but of note, my position had its compensation package restructured (for all people in this position, 300 employees) in July. We were brought into a meeting individually in April and told if we did not sign the new agreement in front of us we would be terminated as of June 30th, 2012. The new compensation model effectively reduced my income by $700 - $1200 per month.

Is it best to pursue these items individually?

what sore of compensation would I be looking at for each of these?

Compensation for being "written up"? You have suffered no money damages.

Compensation for re-structuring a compensation package? Unless you had a contract in which the employer committed to the previous compensation package for a set amount of time, changing the package is something your employer was free to do. You are not entitled to any compensation.